***** 


(§  W' 


OF  THE 


OF  XEW-YORIi, 


PI  BUSHED  PUKSUANT  TO  AN  O/UJEK  OF  THB  COMMON  COUNCIv 


NEW-YORK : 

PUBLISHED  BY  GOULD,  BANKS  &  CO. 
Corner  of  Nassau  and  Spruce-sts. 


1832 


•« 

** 


I 


Political  Soienee  R©*ftarcb  T 30 Mo  1?  f\4a,  £<s 


l 

60 


1) 


tr  0 


l 

\9 


n&rl  A 

rr  (  i 


\  ✓  / 


JL 


remote  storage 


BOOKSTACKS  OFFICE 


THE 

CHARTER 

OP  THE 

CITY  OF  YEW-YOKK, 


4 


« 


'  f 


Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/charterofcityofn00newy_3 


THE 


OF  THE 

CITY  OF  YEW -YORK* 


GEORGE  the  Second,  by  the  grace  of  God,  of 

Great  Britain,  France,  and  Ireland,  king,  defender  J.  Montgome- 

y\g  governor, 

of  the  faith,  &c  To  all  whom  these  present  letters  ’  1730. 
shall  come,  greeting : 

Whereas ,  on  the  twenty-second  day  of  April,  Recital  of  the 
in  the  year  of  our  Lord  one  thousand  six  hundred  Gov.^Songan^ 
eighty  and  six,  Thomas  Dongan,  then  lieutenant  i680.Apnl 
governor  and  vice  admiral  of  New- York  and  its  de¬ 
pendencies,  under  our  predecessor,  James  (the  se¬ 
cond)  then  king  of  England,  &c.  did  make  and 
execute  a  certain  grant,  or  instrument  in  writing 
under  the  seal  of  the  province  of  JNew-York,  in  these 
words  following  :  In  here  verb 

Thomas  Dongan,  lieutenant-governor  and  vice- 
admiral  of  New- York,  and  its  dependencies,  un¬ 
der  his  majesty  James  (the  second)  by  the  grace 
of  God,  of  England,  Scotland,  France,  and  Ireland, 
king,  defender  of  the  faith,  supieme  lord  and  pro¬ 
prietor  of  the  colony  and  province  of  New  York, 
and  its  dependencies  in  America,  &c.  To  all  to 

whom  this  shall  come,  sendetk  greeting:  Where-  New-York  is 

an  ancient  city 

as,  the  citv  of  New-York,  is  an  ancient  city  within. 

1 


♦ 


2 


CHARTER  OP  THE  CITY  OP  NEW-YORK. 


ancientlya^bo5  ^ie  p*  ovince,  and  the  citizens  of  the  said  city 
dy  politic  and  have  anciently  been  a  body  politic  and  corporate  ; 

And  enjoy  and  the  citizens  of  the  said  city  have  held,  used, 
franchise^  &c.  and  enjoy ed,  as  well  within  the  same,  as  elsewhere, 
grants,  pre-  m  Bie  sa,t*  province,  divers  and  sundry  rights,  h- 
smptions,  &c.  kertjes?  privileges,  franchises,  free-customs,  pre¬ 
eminences,  advantages,  jurisdictions,  emoluments, 
and  immunities,  as  well  by  prescription  as  by  char¬ 
ter,  letters  patent,  grants,  and  confirmations,  not 
only  of  divers  governors  and  commanders  in  chief, 
in  the  said  province,  but  also  of  several  governors, 
directors,  generals,  and  commanders  in  chief,  of  the 
Nether  Dutch  nation,  whilst  the  same  was,  or  has 
Recital  of  been  under  their  power  and  subjection.  And 

grants  of  sun¬ 
dry  1  uid?  and  whereas  divers  lands,  tenements,  and  hereditaments, 

tenements  to  .....  ....  .  .  .  .  ... 

the  corpora-  jurisdictions,  liberties,  immunities,  and  privileges, 

have  heretofore  been  given  and  granted,  or  men¬ 
tioned  to  be  given  and  granted,  to  the  citizens  and 
By  sundry  inhabitants  of  the  said  city,  sometimes  by  the  name 
names  if  titles,  of  Schout,  Burgomasters,  and  Schephens  of  the 
city  of  New  Amsterdam  ;  and  sometimes  by  the 
name  of  The  Mayor,  Aldermen,  and  Commonalty 
of  the  city  of  New  York  ;  sometimes  by  the  name  of 
The  Mayor,  Aldermen,  and  Sheriff,  of  the  city  of 
New-York  ;  sometimes  by  the  name  of,  The  Mayor 
and  Aldermen  of  the  city  of  New-York  ;  and  by 
divers  other  names,  as  by  their  several  letters  pa¬ 
tents,  charters,  grants,  writings,  records,  and  minu- 
ments,  amongst  other  things,  may  more  fully  ap- 
Sundry  pub-  pear.  And  whereas  the  citizens  and  inhabitants 
andconvem-  of  the  said  city  have  erected,  built  and  appropri* 

byCthe  cityP  us  ate(^»  at  ovvn  ProPer  costs  and  charges,  seve- 

the  City-Hall,  rai  pUbiic  buildings,  accommodations,  and  conveni- 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


eneies  for  the  said  city,  That  is  to  say ,  the  City- 
Hall,  or  Stat-  House,  with  the  ground  thereunto 
belonging,  two  Market* Houses,  the  bridge  into  the 
dock,  the  wharves  or  docks,  with  their  appurte¬ 
nances  ;  and  the  new  burial  place  without  the  gate 
of  the  city ;  and  have  established  and  settled  one 
ferry  from  the  said  city  of  New-York  to  Long  Island, 
for  the  accommodation  and  conveniency  of  passen¬ 
gers,  the  said  citizens,  and  travellers. 

And  whrreas  several  the  inhabitants  of  the  said 
city,  and  of  Manhattan’s  Island,  do  hold  from  and 
under  his  most  sacred  majesty  respectively,  as  well 
by  several  and  respective  letters  patents,  grants, 
charters,  and  conveyances,  made  and  granted  by 
the  late  lieutenants,  governors,  or  commanders 
in  chief,  of  the  said  province,  as  otherwise,  several 
and  respective  messuages,  lands,  tenements,  and 
hereditaments,  upon  Manhattan’s  Island,  and  in  the 
cify  of  !\ew-York,  aforesaid,  and  as  well  as  the  said 
Mayor,  Aldermen,  and  Commonalty,  of  the  said 
city,  and  their  successors,  as  also,  the  inhabitants 
of  the  said  Manhattan’s  Island,  and  the  city  of 
New-York,  aforesaid,  and  their  heirs,  and  assigns 
respectively,  may  hold,  exercise,  and  enjoy,  not 
only  such  and  the  same  liberties,  privileges,  and 
franchises,  rights,  royalties,  free  custom,  jurisdic¬ 
tions,  and  immunities,  as  they  have  anciently  had, 
used,  held,  and  enjoyed ;  but  also  such  public 
buildings,  accommodations,  conveniences,  mes¬ 
suages,  tenements,  lands,  and  hereditaments,  in 
the  said  city  of  New-York,  and  upon  Manhattan’s 
Island  aforesaid,  which,  as  aforesaid,  have  been  by 


two  Market- 
houses,  bridge 
docks,  and 
wharves. 


Ferry  estab¬ 
lished. 


Grants  of 
several  mes¬ 
suages,  lands, 
and  tenements, 
to  the  inhabi¬ 
tants  b?  former 
governors. 


4 


CHARTER  OP  THE  CITY  OP  NEW-YORK. 


Grant  to  the 
corporation  of 
all  their  former 
rights  and 
privileges. 


Provided  they 
be  not  repug¬ 
nant  to  the  laws 
of  England,  or 
any  acts  of 
assembly. 


Grant  of  the 
City-Hall,  two 
Market  houses 
bridge,  dock, 
new  burial 
place  &  ferry. 


the  citizens  and  inhabitants  erected  and  built,  or 
which  have,  as  aforesaid,  been  held,  enjoyed,  grant¬ 
ed,  and  conveyed  unto  them,  or  any  of  them,  res¬ 
pectively. 

Know  ye,  therefore ,  That  I,  the  said  Thomas 
Dongan,  by  virtue  of  the  commission  and  autho¬ 
rity  unto  me  given,  and  power  in  me  residing,  at 
the  humble  petition  of  the  now  Mayor,  Aldermen 
and  Commonalty  of  the  said  city  of  New- York,  and 
for  divers  other  good  causes  and  considerations, 
me  thereunto  moving,  have  given,  granted,  ratified) 
and  confirmed,  and  by  these  presents,  for  and  on 
the  behalf  of  his  most  sacred  majesty  aforesaid, 
his  heirs,  successors,  and  assigns,  do  give,  grant} 
ratify,  and  confirm  unto  the  said  Mayor,  Aldermen 
and  Commonalty  of  the  said  city,  all  and  every 
such  and  the  same  liberties,  privileges,  franchises, 
rights,  royalties,  free  customs,  jurisdictions,  and  im¬ 
munities,  which  they  by  the  name  of,  The  Mayor, 
and  Commonalty,  or  otherwise,  have  anciently  had, 
held,  used,  or  enjoyed,  Provided  Always ,  That  none 
of  the  said  liberties,  privileges,  franchises,  rights, 
free  customs,  jurisdictions,  or  immunities  be  incon¬ 
sistent  with,  or  repugnant  to,  the  laws  of  his  majes¬ 
ty’s  kingdom  of  England,  or  any  other  the  laws  of 
the  general  Assembly  of  this  province ;  and  the 
aforesaid  public  buildings,  accommodations,  and 
conveniences  in  the  said  city,  That  is  to  say9  The 
aforesaid  City-Hall,  or  Stat-House,  with  the  ground 
thereunto  belonging,  two  Market-houses,  the  bridge 
into  the  dock,  the  wharves  or  dock,  the  said  new 
burial  place,  and  the  aforementioned  ferry,  with 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


5 


their  and  every  of  their  rights,  members  and  appur¬ 
tenances,  together  with  all  the  profits,  benefits  and 
,  .  ,  .  „  .  With  all 

advantages  which  shall  or  may  accrue  and  arise  at  profits  arising 

all  times  hereafter,  for  dockage  or  wharfage,  with¬ 
in  the  said  dock,  with  all  and  singular  the  rents,  is¬ 
sues,  profits,  gains,  and  advantages  which  shall  or 
may  arise,  grow,  or  accrue  by  the  said  City-Hall,  or 
Stat-House,  and  ground  thereunto  belonging,  mar- 
kt  t-houses,  bridge,  dock,  burying  place,  ferry  and 
other  the  above  mentioned  premises,  or  any  of  them  ; 
and  also,  all  and  every  the  streets,  lanes,  highways  And  all  street?, 
and  alleys  within  the  said  city  of  New  York,  and  an'd  bighways. 
Manhattan’s  Island  aforesaid,  for  the  public  use  and 
service  of  the  said  Mayor,  Aldermen  and  Common¬ 
alty  of  the  said  city,  and  of  the  inhabitants  of  Man¬ 
hattan’s  Island  aforesaid,  and  travellers  there  ;  to¬ 
gether  with  full  power,  license  and  authority  to  the  Power  to  the 
.it  .  corporation  to 

said  Mayor,  Aldermen,  and  Commonalty,  and  their  lay  out  aud 

p  i  i  ■  *  •  i  ,  amend  streets.- 

successors  tor  ever,  to  establish,  appoint,  order  and 
direct  the  establishing,  making,  laying  out,  ordering, 
amending  and  repairing  of  all  streets,  lanes,  alleys, 
highways,  water  courses,  ferry  and  bridges  in  and 
throughout  the  said  city  of  New-York  and  Manhat¬ 
tan’s  Island,  aforesaid  necessary,  needful  and  con¬ 
venient  for  the  inhabitants  of  the  said  citv,  and  Man- 
hattan’s  Island  aforesaid,  and  for  all  travellers  and 
passengers  there:  Provided  always ,  That  this  said 
licence  so  as  above  granted,  for  the  establishing,  streets  not  to- 

making,  laying  out  of  streets,  lanes,  alleys,  high- taking  away 

,  ,  .  ,  any  person’s 

ways,  lerries  and  bridges,  be  not  extended  or  be  con-  right. 

strued  to  extend,  to  the  taking  away  of  any  person 

or  person’s  right  or  property,  without  his,  her,  or 


CHARTER  OF  THE  CITT  OF  NEW^TORK. 


their  consent,  or  by  some  known  law  of  the  said  Pro- 
inhabitant  of6  v*nce*  An(J  for  the  considerations  aforesaid,  I  do 
hcnise^lands  ^^ew*se  g*ve>  grant,  ratify  and  confirm  unto  all  and 
and  tenements,  every  the  respective  inhabitants  of  the  said  city  of 

New-York  and  of  Manhattan’s  Island  aforesaid,  and 
their  several  and  respective  heirs,  and  assigns,  all 
and  every  the  several  and  respective  messuages,  te- 
ments,  lands,  and  hereditaments,  situate,  lying  and 
being  in  the  said  city,  and  Manhattan’s  Island,  afore¬ 
said,  to  them  severally  and  respectively  granted,  con¬ 
veyed  and  confirmed,  by  any  the  late  Governors, 
Lieutenants,  or  Commanders  in  Chief,  of  the  said 
Province,  or  by  any  of  the  former  Mayors  or  deputy 
Mayors  and  Aldermen  of  the  said  city  of  New-York, 
by  deed,  grant,  conveyance,  or  otherwise  howsoever; 
To  hold  to  their  several  and  respective  heirs  and  as» 
signs  forever. 

Grants  to  the  And  I  do  by  these  presents,  give  and  grant  unto 

corporation  of  J  F  ’  b  6 

all  waste  and  the  said  Mayor,  Aldermen  and  Commonalty  of  the 

vacated  lands  ...  ^  _T  T7.  .  ... 

on  Manhat-  said  city  oi  New  York,  all  the  waste,  vacant,  unpa- 
taB  s  i85aild‘  tented  and  unappropriated  lands,  lying,  and  being 

within  the  said  citv  of  New  York,  and  on  Manhat- 

*>  ’ 

LowWater  *°  tan?s  Isknd  aforesaid,  extending  and  reaching  to  the 
Mark.  Low-Water-Mark .  in  by  and  through  all  parts  of 

the  said  city  of  New-York,  and  Manhattan’s  Island 
aforesaid,  together  with  all  rivers,  rivulets,  coves, 
creeks,  ponds,  waters  and  water  courses  in  the  said 
city  and  island,  or  either  of  them,  not  heretofore 
given  or  granted,  by  any  of  the  former  Governors, 
Lieutenants,  or  Commanders  in  Chief,  under  their  or 
some  of  their  hands  and  seals,  or  seal  of  the  Pro¬ 
vince,  or  by  any  of  the  former  Mayors  ot  deputy 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


Mayors  and  Aldermen  of  the  said  city  of  New- York, 
to  some  respective  -  person  or  persons,  late  inhabi¬ 
tants  of  the  said  city  of  New- York,  or  Manhat¬ 
tan’s  Island,  or  of  other  parts  of  the  said  province. 

And  l  do  by  these  presents,  give,  grant  and  con-  Royalties  of 
firm  unto  the  said  Mayor,  Aldermen  and  Common-  fng^Mtlng. 
alty  of  the  said  city  of  New- York,  and  their  succes-  ,mn€P>  &<‘* 
sors  forever,  the  royalties  of  fishing,  fowling,  hunt¬ 
ing,  hawking,  minerals  and  other  royalties  and  pri. 
vileges,  belonging  or  appertaining  to  the  city  of 


New- York,  and  Manhattan’s  Island  aforesaid  (gold  Except  gold 
and  silver  mines  only  excepted)  to  have,  hold  and  en-  nljnegs.1,ver 

T*o  I .  1  ir 

joy  all  and  singular  the  premises,  to  the  said  Mayor,  tlie  °aid'°cor.  ° 
Aldermen  and  Commonalty  of  the  said  city  of  New-  p°r.atlon  and 

-  J  their  succes- 


York,  and  their  successors  forever,  rendering  and  ®?rs,  for, ever ; 
*  .  .  Under  the 

paying  therefore  unto  his  most  sacred  majesty,  his  yearly  quit- 

•  A  I  rr  '  rent  of  one 

heirs,  successors  or  assigns,  or  to  such  officer  or  Beaver  skin, 
officers,  as  shall  be  appointed  to  receive  the  same, 
yearly  forever  hereafter,  the  annual  quit-rent  or  ac- 
knowiedgment  of  one  Beaver  skin,  or  the  value 
thereof  in  current  money  of  this  province,  in  the  said 
city  of  New- York,  on  the  five  and  twentieth  day  of 
March,  yearly  forever. 

And,  moreover,  I  will,  and  by  these  presents  do 

grant,  appoint,  and  declare,  that  the  said  city  of 

New-York,  and  the  compass,  precincts  and  limits 

thereof,  and  the  jurisdiction  of  the  same,  shall  from  ...... 

henceforth  extend  and  reach  itself,  and  may  and  tiie  city  to  ex- 

J  tend  to  Low- 

shall  be  able  to  reach  forth  and  extend  itself,  as  well  Water-lVark 
.  .  .  ...  1.  ...  i  i  all  round  the 

m  length  and  in  breadth  as  in  circuit,  to  the  farthest  island  Man 

extent  of,  and  in,  and  throughout  all  the  said  Island  ll,uMn 

Manhattan’s,  and  in  and  upon  all  the  rivers,  rivulets, 


quarter  of  the  city  of  new-Vork* 


The  Corpo¬ 
ration  quietly 
to  enjoy  all 
their  liberties. 


I 


A  Mayor, 
Recorder, 
Town-Clerk, 
six  Aldermen 
and  six  Assist¬ 
ants. 


Chamberlain, 
Coroner,  Clerk 


coves,  creeks,  waters  and  water  courses,  belonging 
to  the  same  Island,  as  far  as  low-water  mark.  And 
I  do  also,  for  and  on  the  behalf  of  his  most  sacred 
majesty  aforesaid,  his  heirs  and  successors,  firmly 
enjoin  and  command,  that  the  aforesaid  Mayor, 
Aldermen,  and  Commonalty  of  the  city  aforesaid, 
and  their  successors,  shall  and  may  freely  and 
quietly  have,  hold,  use.  and  enjoy,  the  aforesaid 
liberties,  authorities,  jurisdictions,  franchises,  rights, 
royalties,  privileges,  exemptions,  lands,  tenements, 
hereditaments,  and  premises  aforesaid,  in  manner 
and  form  aforesaid,  according  to  the  tenor  and  effect 
of  the  aforesaid  grants,  patents,  customs,  and  let¬ 
ters  patents  of  grant  and  confirmation,  without  the 
let,  hinderance  or  impediment  of  me,  or  any  of  my 
successors,  governors,  lieutenants,  or  other  officers 
whatsoever. 

And  also,  I  do,  for  and  on  the  behalf  of  his 
most  sacred  majesty  aforesaid,  his  heirs  and  succes¬ 
sors,  grant  to  the  Mayor,  Aldermen  and  Common¬ 
alty  of  the  said  City  of  New-York,  and  their  succes¬ 
sors,  by  these  presents,  that  for  the  better  govern¬ 
ment  of  the  said  ciiy,  liberties  and  precincts  thereof, 
there  shall  he  forever  hereafter  within  the  said  city, 
a  Mayor  and  Recorder,  Town-Clerk,  and  six  Al¬ 
dermen,  and  six  Assistants,  to  be  appointed,  nomi¬ 
nated,  elected,  chosen  and  sworn,  as  hereinafter  is 
particularly  and  respectively  mentioned,  wh  •  shall 
he  forever  hereafter  called,  The  Mayor,  Alda  men 
and  Commonalty  of  the  city  of  New- York  ;  and  that 
there  shall  he  forever,  one  Chamberlain,  or  Trea¬ 
surer,  one  Sheriff,  one  Coroner,  one  Clerk  of  the 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR.  9 

0 


market,  one  high  constable,  seven  sub-constables,  °fthe  Market, 
,  ,  ,  ,  .  *  Sheriff,  High- 

and  one  marshal  or  serjeant  at  mace,  to  be  appointed,  Constable,  se- 

chosen,  and  sworn  in  manner  hereinafter  mentioned.  w™ WcTone 
And  Ido,  by  these  presents,  for  and  on  the  be- 
half  of  his  most  sacred  majesty  aforesaid,  his  heirs,  r°inted- 
successors  and  a-signs,  declare,  constitute,  grant, 
and  appoint,  that  the  Mayor,  Recorder,  Aldermen, 
and  Assistants  of  the  said  City  of  New- York,  for 
the  time  being,  and  they  which  hereafter  shall  be 
the  Mayor,  Recorder,  and  Aldermen,  and  Assistants 
of  the  said  City  of  New  York,  for  the  time  being, 
and  their  successors,  for  ever  hereafter,  be,  and 
shall  be,  by  force  of  these  presents,  one  body  cor¬ 
porate  and  politic,  in  deed,  fact,  and  name,  by  the 
name  of  The  Mayor,  Aldermen  and  Commonalty  of  Mayor,  Recor- 
the  City  of  New-York  ;  and  them  by  the  name  of,  ^Slants 
The  Mayor.  Aldermen ,  and  Commonalty  of  the  City  mHke  \ 
of  New  York,  one  body  corporate  and  politic,  inP°litic- 
deed,  fact,  and  name;  1  do  really  and  fully  create, 
ordain,  make,  constitute,  and  confirm  by  these  pre¬ 


sents ;  and  that,  by  the  name  of,  The  Mayor,  Al-  And  to  have 
7  J  perpetual  suc- 

dermen  and  Commonalty  of  the  City  of  New- York,  cession,  by  the 
,  ,  .  iii  Name  of  The 

they  may  have  perpetual  succession  ;  and  that  they,  Mayor ,  Aider - 

and  their  successors,  forever,  by  the  name  of,  The  S<yA^Tc™pa- 

Mayor ,  Aldermen  and  Commonalty  of  the  City  and  demise 

New-York,  be,  and  shall  be,  forever  hereafter,  per-  {^b^that*** 

sons  able,  and  in  law  capable,  to  have,  get,  receive,  name. 

and  possess  lands,  tenements,  rents,  liberties,  ju¬ 


risdictions,  franchises,  and  hereditaments  to  them 
and  their  successors,  in  fee-simple,  or  for  term  of 


life,  lives,  or  years,  or  otherwise;  and  also  goods 
and  chattels ;  and  also,  other  things,  of  what  na- 


9 


10 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


ture,  kind,  or  quality  soever ;  and  also  to  give,  grant, 
let,  set,  and  assign,  the  same  lands,  tenements,  here¬ 
ditaments  goods  and  chattels  ;  and  to  do  and  ex¬ 
ecute  all  other  things  about  the  same  by  the  name 
To  sue,  plead,  aforesaid.  And,  also,  that  they  be,  and  forever  shall 
pleaded.  be  herqafter,  persons  able  in  law,  capable  to  plead, 
and  be  impleaded,  answer,  and  be  answered  unto, 
defend,  and  be  defended,  in  all  or  any  the  courts  of 
his  said  majesty,  and  other  places  whatsoever,  and 
before  any  judges,  justices,  and  other  person  or  per- 
ln  all  actions,  sons  whatsoever,  in  all  and  all  manner  of  actions, 
suits,  complaints,  demands,  pleas,  causes,  and  mat¬ 
ters,  whatsoever,  of  what  nature,  kind,  or  quality 
soever,  in  the  same,  and  in  the  like  manner  and 
form  as  other  people  of  the  said  province,  being  per¬ 
sons  able  and  in  law  capable,  may  plead,  and  be 

impleaded,  answer,  and  be  answered  unto,  defend, 

\ 

and  be  defended,  by  any  lawful  ways  and  means 
Corporation  to  whatsoever  ;  and  that  the  said  Mayor,  Aldermen, 
{rum  seaUor*  and  Commonalty  of  the  said  city  of  New- York, 
all  their  affairs.  an(j  tileir  successors,  shall  and  may  forever  here¬ 
after,  have  one  common  seal  to  serve  for  the  sealing 
of  all  and  singular  their  affairs  and  businesses  touch¬ 
ing  or  concerning  the  said  corporation.  And  it  shall 
and  may  be  lawful  to  and  for  the  said  Mayor,  Al¬ 
dermen  and  Commonalty  of  the  said  City  of  New- 
York,  and  their  successors,  as  they  shall  see  cause 

With  power  to  to  break,  change,  alter,  and  new  make  their  said 
break  falter  it.  common  seal,  when,  and  as  often  as  to  them  it 

shall  seem  convenient. 

And  further ,  know  ye,  That  I  have  assigned, 
named,  ordained,  and  constituted,  and,  by  these 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


il 


Recorder 
named. 


presents,  do  assign,  name,  ordain,  and  constitute,  Mayor  named 
Nicholas  Bayard,  now  Mayor,  of  the  said  City  of 
New  York,  to  be  present  Mayor  of  the  said  city; 
and  that  the  said  Nicholas  Bayard,  shall  remain 
and  continue  in  the  office  of  Mayor  there,  until  ano¬ 
ther  fit  person  shall  be  appointed  and  sworn  in  the 
said  officp,  according  to  the  usage  and  custom  of 
the  said  city;  and  as  in  and  by  these  presents 
is  hereafter  mentioned  and  directed.  And  I  have 
assigned,  named,  ordained,  and  constituted,  and? 
by  these  presents,  do  assign,  name,  ordain,  and 
constitute,  create  and  declare  James  Graham,  Esq. 
to  be  the  present  Recorder  of  the  said  city;  to  do 
and  execute  all  things,  which  unto  the  said  office  of 
Recorder  of  the  said  city  doth,  or  may  in  any  wise 
appertain  or  belong.  And  I  have  assigned,  named, 
ordained,  and  constituted,  and  by  these  presents  do 
assign,  name,  ordain,  constitute,  create,  and  de¬ 
clare  John  West,  Esq  ;  Town  C  lerk,  of  the  said  city  ; 
to  do  and  execute  all  things  which  unto  the  office  of 
Town  Clerk  may  any  wise  appertain  or  belong. 

And  I  have  named,  assigned,  constituted,  and  made, 
and  by  these  presents,  do  assign,  name,  constitute, 
and  make,  Andrew  Bown,  John  Robinson,  William 
Beekman,  John  Delaval,  Abraham  De  Peyster,  and 
Johannes  Kip,  citizens  and  inhabitants  of  the  said 
city  of  New- York,  to  be  the  present  aldermen  of  the 
said  city  And  also,  I  have  made,  assigned,  named? 
and  constituted,  and  by  these  presents,  do  assign, 
name,  constitute,  and  make,  Nicholas  De  Myer,  Jo¬ 
hannes  Van  .Brugh,  John  De  Brown,  Teunis  De 
Key,  Abraham  C orbit,  and  Wolfert  Webber,  citi- 


Town  Clerk 
named. 


Aldermen 
named. 


Assistants. 


/ 


12 


CHARTER  OP  THE  CITY  OF  NEW-YORK. 


Sheriff. 


Marshal. 


zens  and  inhabitants  of  the  said  city,  to  be  the 
present  assistants  of  the  said  city.  And,  also,  I 
have  assigned,  chosen,  named,  and  constituted,  and 
by  these  presents  do  assign,  choose,  name,  and  con¬ 
stitute  Peter  De  Lanoy,  citizen  and  inhabitant  of  the 
Chamberlain,  said  city,  to  be  the  present  Chamberlain  or  Treasu¬ 
rer  of  the  city  aforesaid.  And  I  have  assigned, 
named,  constituted,  and  appointed,  and  by  these 
presents,  do  assign,  name  constitute,  and  appoint 
John  Knight,  Esq  one  other  of  the  said  citizens 
there,  to  be  present  Sheriff  of  the  said  city,  and  have 
assigned,  named,  constituted  and  appointed,  and 
by  these  presents  do  assign,  name,  constitute,  and 
appoint  Jarvis  Marshal,  one  other  of  the  said  citi¬ 
zens  there,  to  be  the  present  Marshal  of  the  said 
city.  And  I  do  by  these  presents  grant  to  the  said 
Mayor,  Aldermen,  and  Commonalty  of  the  said  city 
Mayor, Recor-  of  New-York  and  their  successors,  That  the  Mayor, 
more^ldermen  Kecorder,  Aldermen,  and  Assistants  of  the  said  city 
^  Assistants  to  por  tjie  time  being  or  the  Mayor,  Recorder,  and 

Council.  any  three  or  more  of  the  Aldermen,  and  any  three 
or  more  of  the  Assistants,  for  the  time  being,  be 
and  shall  be  called,  The  Common  Council  of  the 
said  city,  and  that  they  or  the  greater  part  of  them, 
shall  or  may  have  full  power  aud  authority,  by  vir¬ 
tue  of  these  presents,  from  time  to  time,  to  call  and 
hold  common  council,  within  the  common  council 
house,  or  City-hall  of  the  said  city :  and  there,  as 
makeLawsand  occasion  shall  be,  to  make  laws,  orders,  ordinances, 
them.  and  constitutions,  in  writing ;  and  to  add,  alter,  di¬ 

minish  or  reform  them,  from  time  to  time,  as 
to  them  shall  seem  necessary  and  convenient, 


JOHN  MONTGOMERIE J  ESQ.  GOVERNOR.  IS 

(not  repugnant  to  the  prerogative  of  his  most  sacred  ]a 
majesty  aforesaid,  his  he»rs  and  successors,  or  to  puSn'ant  to  llie 

J  -  7  7  king  s  preroga- 

any  of  the  laws  of  the  Kingdom  of  England,  or  five,  the  l^aws 

*  6  of  England,  or 

other  the  laws  of  the  general  Assembly  of  the  Pro- Acts  of  Assem¬ 
bly  ofN.  Vork. 

vince  of  New- York)  for  the  good  rule,  oversight, 
correction,  and  government  of  the  said  city  and  li¬ 
berties  of  the  same  and  of  all  the  officers  thereof, 
and  for  the  several  tradesmen,  victuallers,  artificers? 
and  of  all  other  the  people  and  inhabitants  of  the 
said  city,  liberties,  and  precincts,  aforesaid,  and  for 
the  bettor  preservation  of  government,  and  disposal 
of  all  the  lands  tenements  and  hereditaments  goods, 
and  chattels  of  the  said  corporation  ;  which  laws, 
orders  ordinances  and  constitutions,  shall  be  bind¬ 
ing  to  all  the  inhabitants  of  the  said  city,  liberties, 

and  precincts  aforesaid  ;  and  which  laws,  orders.  Which  Laws 
,  .  ,  ,  .  to  be  iu  force 

ordinances  and  constitutions,  so  by  them  made,  as  only  for  three 

aforesaid,  shall  be  and  remain  in  force  for  the  space  confirmed111  by 
of  three  months  and  no  longer,  unless  they  shall  be  ^  Council001' 
allowed  of.  and  confirmed  by.  the  governor,  and 
council  for  the  time  being.  And  I  do  further  on  the 
behalf  of  bis  sacred  majesty  aforesaid,  his  heirs  and 
successors,  appoint  and  grant,  that  the  said  common 
council  of  the  said  city,  for  the  time  being,  as  often 
as  they  make,  ordain,  and  establish  such  laws,  or¬ 
ders,  ordinances,  and  constitutions,  as  aforesaid,  fi^!s3cr0Pt(^ni^5 

shall  or  may  make,  ordain,  limit,  provide,  set,  im- for  the  non-ob- 
•'  ,  servance  ot 

pose,  and  tax,  reasonable  fines  and  amerciaments  such  Laws, 
against  and  upon  all  persons  offending  against  such 
laws,  orders,  ordinances,  and  constitutions,  as  afore¬ 
said,  or  any  of  them  to  be  made  ordained,  and  es¬ 
tablished  as  aforesaid,  and  the  same  fines,  and  amer- 


14 


CHARTER  OF  THE  CITY  Ob1  NEW-YORK. 


ciaments  shall  and  may  require,  demand,  levy,  take, 
and  receive  by  warrants  under  the  common  seal,  to 
and  for  the  use  and  behoof  of  the  Mayor,  Aider- 
men  and  Commonalty  of  the  said  city,  and  their 

To  be  levied  successors,  either  by  distress  and  sale  of  the  poods 
by  distress  and 

sale.  and  chattels  of  the  offender  therein,  if  such  goods 

and  chattels  may  be  found  within  the  said  city, 
liberties,  and  precincts,  thereof,  rendering  to  such 
offender  and  offenders,  the  overplus,  or  by  any 
other  lawful  ways  or  means  whatsoever. 

And  1  do,  by  these  presents,  appoint  and  ordain 

the  assigning,  naming,  and  appointment  of  the 

Mayor  Sf  She-  Mayor  and  Sheriff  of  the  said  city  that  it  shall  be 
riff  to  be  ap¬ 
pointed  yearly  as  followeth,  (viz.)  upon  the  feast  day  of  Saint 

S?.Micheaae?by  Michael  the  Arch-angel,  yearly,  the  Lieutenant 
and  CounciL°r  Governor  or  Commander  in  Chief,  for  the  time 
being,  by  and  with  the  advice  of  his  council,  shall 
nominate  and  appoint  such  person  as  he  shall  think 
lit  to  be  Mayor  of  the  said  city,  for  the  year  next 
ensuing ;  and  one  other  person  of  sufficient  ability 
and  estate,  and  of  good  capacity  in  understanding, 
to  be  Sheriff  of  the  said  City  of  New- York,  for  the 
year  next  ensuing  ;  and  that  such  person  as  shall 
be  named,  assigned,  and  appointed  Mayor,  and 
such  person  as  shall  be  named,  assigned,  and  ap¬ 
pointed  Sheriff  of  the  said  city,  as  aforesaid,  shall 
on  the  fourteenth  day  of  October  then  next  follow- 
And  to  take  ing  take  their  several  and  respective  corporal  oaths, 
foiTthe Gover-  before  the  governor  and  council,  for  the  time  be- 
aor  &  Council.  jng^  for  the  due  execution  of  their  respective  of¬ 
fices,  as  aforesaid ;  and  that  the  said  Mayor  and 
Sheriff,  so  to  be  nominated,  assigned,  and  appoint- 


JOHN  MONTGOMERIE,  ESft,  GOVERNOR. 


15 


ed,  as  aforesaid,  shall  remain  and  continue  in  their 
said  respective  offices,  until  another  fit  person 
shall  be  nominated,  appointed,  and  sworn,  in  the 
place  of  Mayor;  and  one  other  person  shall  be  no¬ 
minated  and  appointed  in  the  place  of  Sheriff  of 
the  said  city,  in  manner  aforesaid.  And  further , 

That  according  to  the  now  usage  and  custom  of 
the  said  city,  the  Recorder,  Town  Clerk,  and  Clerk  Recorder, town 
of  the  Market  of  the  said  city,  shall  be  persons  of mSc? 
good  capacity  and  understanding,  and  such  per-  tybhisaviafesty 

sons  as  his  most  sacred  majesty  aforesaid,  his  and  in  defect 

thereof  by  the 

heirs  and  successors,  shall  in  the  said  respective  Governor  or 
offices  of  Recorder,  Town  Clerk,  and  Clerk  of  the  cS.  andCr  in 
Market,  appoint  and  cominissionate ;  and  for  de¬ 
fect  of  such  appointments,  and  commissionating, 
by  his  most  sacred  majesty  aforesaid,  his  heirs 
and  successors,  to  be  such  persons  as  the  lieute¬ 
nant  governor  and  commander  in  chief  of  the  said 
Province  for  the  time  being,  shall  appoint  and  com- 
missionate ;  which  persons  so  commissionated  to 
the  said  offices  of  Recorder,  Town  Clerk,  and 
Clerk  of  the  Market,  shall  have,  hold,  and  enjoy, 
the  said  offices,  according  to  the  tenor  and  effect 
of  their  said  commissions,  and  not  otherwise.  And  Recorder, town 
further,  That  the  Recorder,  Town  Clerk,  Clerk  of  tKa^ket  al! 
the  xMarket,  Aldermen,  Assistants,  Chamberlain.  defraen*  aspl* 

'  *  >  ants,  chamher- 

High  Constable,  Petty  Constables,  and  all  other  lain»  ll5g}l  con- 

-v.  .  .  stable,  &c.  to 

officers  of  the  said  city,  before  they,  or  any  of  them, l,R  swrorn  be- 

shall  be  admitted  to  enter  upon  and  execute  their  or  any  three  or 

respective  offices,  shall  be  sworn  faithfully  to  ex-  men?  ulder’ 

ecute  the  same,  before  the  Mayor,  or  any  three 

or  more  of  the  Aldermen  for  the  time  being.  And 


i 


16 


CHARTER  OF  THE  CITY  OF  NEW- YORK. 


Who  are  im- 
powered  to  ad¬ 
minister  the 
same  oaths. 


Mayor  &  Re¬ 
corder  with 
three  or  more 
Aldermen  as¬ 
signed  Justices 
of  the  Peace, 
to  hear  and 
determine  all 
causes  within 
the  city. 


I  do ,  by  these  presents,  for  and  on  the  behalf  of 
his  most  sacred  majesty,  his  heirs  and  successors, 
grant  and  give  power  and  authority  to  the  Mayor  and 
Recorder  of  the  said  city,  for  the  time  being,  to  Ad¬ 
minister  the  same  respective  oaths  to  them  accord¬ 
ingly.  And  further ,  I  do  by  these  presents,  grant, 
for  and  on  the  behalf  of  his  most  sacred  majesty 
aforesaid,  his  heirs  and  successors,  that  the  Mayor 
and  Recorder  of  the  said  city,  for  the  time  being? 
and  three  or  more  of  the  Aldermen  of  the  said  city, 
not  exceeding  live,  shall  be  justices  and  keepers  of 
the  peace  of  his  most  sacred  majesty,  his  heirs  and 
successors,  and  justices  to  hear  and  determine  mat¬ 
ters  and  causes  within  the  said  city  and  liberties,  and 


precincts  thereof ;  and  that  they  or  any  three  or  more 
of  them,  whereof  the  Mayor  and  Recorder,  or  one 
of  them,  for  the  time  being,  to  be  there,  shall  and 
may  forever  hereafter,  have  power  and  authority, 
by  virtue  of  these  presents,  to  hear  and  determine 


As  Larcenies,  all  and  all  manner  of  petty  larcenies,  riots,  routs, 

Riots,  Routs,  .  •!!  ,  r 

Ac.  oppressions,  extortions,  and  other  trespasses  and  of¬ 

fences  whatsoever,  within  the  said  cry  of  New- York, 
and  the  liberties  and  precincts  aforesaid,  from  time 
to  time,  arising  and  happening,  and  which  arise  or 
'  happen  and  any  ways  belonging  to  the  offices  of  jus¬ 

tices  of  the  peace,  and  the  correction  and  punish¬ 
ment  of  the  offences  aforesaid,  and  every  of  them; 
according  to  the  laws  of  England,  and  the  laws  of 
the  said  Province ;  and  to  do  and  execute  all  other 
things  in  the  said  city,  liberties,  and  precincts  afore¬ 
said,  so  fully  and  in  ample  manner,  as  to  the  com¬ 
missioners  assigned,  and  to  be  assigned  for  the 


JOHN  MONTGOMERIE,  ESQ,  GOVERNOR. 


n 

keeping  of  the  peace  in  the  said  county  of  New- 

York,  doth  or  may  belong. 

And,  moreover,  I  do  by  these  presents,  for  and 

on  the  behalf  of  his  most  sacred  majesty  aforesaid, 

his  heirs  and  successors,  appoint,  that  the  Aider- 

men,  Assistants,  High  Constable,  and  Petty  Con-  Aldei-mea,  as- 

stables,  within  the  said  city,  be  v  early  chosen  on  constable  hand 

tire  feast  day  of  St.  Michael  the  Arch  angel,  forever,  [J^ytQ0n^a' 

(viz  j  one  Alderman,  one  Assistant,  and  one  Con  cho^n  yearly 
y  '  7  on  tlie  feast  of 

stable,  for  each  respective  ward,  and  one  Constable  St.  MichaeL 

for  each  division  in  the  out-ward,  in  such  public 

place  in  the  said  respective  wards,  as  the  Aldermen 

for  the  time  being,  for  each  ward,  shall  direct  and 

appoint ;  and  that  the  Aldermen,  Assistants,  and  Aldermen  as 

Petty  Constables,  be  chosen  by  majority  of  voices  petty 

J  J  J  J  constables  to  be 

of  the  inhabitants  of  each  ward  ;  and  that  the  High  chosen  by  ma¬ 
jority  of  voices. 

Constable  be  appointed  by  the  Mayor  of  the  said  Mayor  to  ap- 
city  for  the  time  being;  and  that  the  Chamberlain  stable. lglcon 
shall  be  yearly  chosen,  on  the  said  feast  day,  in  the  to  be  chosen  by 
said  City-Hall  of  the  said  city,  by  the  Mayor  and  dermeny<&  as" 
Aldermen  and  Assistants,  or  by  the  Mayor,  or  three  sisUnls* 
or  more  of  the  Aldermen,  and  three  or  more  of  the 
Assistants  of  the  said  city,  for  the  time  being.  And 
I  do ,  by  these  presents,  constitute  and  appoint  the 
said  John  West,  to  be  the  present  Town  Clerk,  Town  Clerk 
Clerk  of  the  Peace,  and  Clerk  of  the  Court  of  Pleas,  pj,^  ^ 
to  be  holden  befoie  the  Mayor,  Recorder,  and  Al-uamed 
dermen,  within  the  said  city,  and  the  liberties  and 
precincts  thereof.  And  further ,  I  do  by  these  pre¬ 
sents,  for  and  on  the  behalf  of  his  most  sacred  ma¬ 
jesty  aforesaid,  his  heirs  and  successors,  require  and 
strictly  charge  and  command,  that  the  Sheriff,  Town  Sheriff;  town 

3 


18 


CHARTER  OF  THE  CITY  OF  NEW- YORK. 


clerk,  high  con¬ 
stable,  petty 
constables,  and 
all  other  subor¬ 
dinate  officers 
to  attend  on 
the  mayor,  re- 
coider  and  al¬ 
dermen,  to  ex¬ 
ecute  their 
commands. 


Clerk,  Clerk  of  the  Peace,  High  Constable,  Petty 
Constables,  and  all  other  subordinate  officers  in  the 
said  city,  for  the  time  being,  and  every  of  the.n  re¬ 
spectively,  jointly  and  severally,  as  cause  shall  re¬ 
quire,  shall  attend  upon  the  said  Mayor,  Recorder, 
and  Aldermen,  of  the  said  city,  for  the  time  being, 
and  every  or  any  of  them,  according  to  the  duty  of 
their  respective  places,  in  and  about  the  executing 


of  such  the  commands,  precepts,  warrants,  and  pro¬ 
cesses,  of  them  and  every  of  them,  as  belongeth  and 
appertained]  to  be  done  or  executed  ;  and  that  the 


aforesaid  Mayor,  Recorder,  and  Aldermen,  and 


every  of  them,  as  justices  of  the  peace  lor  the  time 


being,  by  their  or  any  of  their  warrants,  all  and 
every  person  and  persons  for  high  treason  or  petty 
treason,  or  for  suspicion  thereof,  or  for  other  felonies 


whatsoever,  and  all  malefactors  and  disturbers  of 


Mavor, record  the  peace,  and  other  offenders  for  other  misdemean- 
men  imty  com-  ors>  wh°  shall  be  apprehended  within  the  said  city, 
fous  for’mi-de- or  liberties  thereof,  shall  and  may  send  and  com* 
meanor?.  mit,  or  cause  to  he  sent  and  committed,  to  the  com¬ 


mon  gaol  of  the  said  city,  there  to  remain  and  be 
kept  in  safe  custody,  by  the  keeper  of  the  said  gaol, 
or  his  deputy,  for  the  time  being,  until  such  offender 
and  offenders  shall  he  lawfully  delivered  thence. 
And  1  do,  by  these  presents,  for  and  on  the  behalf 
of  his  most  sacred  majesty  aforesaid,  his  heirs  and 
successors,  charge  and  inquire  the  keeper  and  keep¬ 
ers  of  the  said  gaol  for  the  time  being,  and  his  and 
Coaler  to  take  their  deputy  and  deputies,  to  receive,  take,  and  in 
tTcuslod0/8  safe  cuslody  to  keep,  all  and  singu'ar  such  person 
and  persons  so  apprehended,  or  to  be  apprehended. 


JOHN  MONTGOMERIE,  ESQ  GOVERNOR. 


T9 


sent,  and  committed,  to  the  said  gaol,  by  warrant 
of  the  said  justices,  or  any  of  them  as  aforesaid,  un¬ 
til  he  and  thev  so  sent  and  committed  to  the  said  Ami  there  keep 

them  until  de¬ 
gaol,  shall  from  thence  be  delivered  by  due  course  livered  t>y 

-  ,  course  of  Law. 

oi  law. 

And  further ,  I  do  grant  and  confirm  for  and  on 
the  behalf  of  his  most  sacred  majesty  aforesaid,  his 
heirs  and  successors,  that  the  said  Mayor  of  the 
said  city,  for  the  time  being,  and  no  other,  (accord¬ 
ing  to  the  usage  and  custom  practised  in  the  said 
city  of  New- York,  in  the  times  of  my  predecessors, 
the  several  Lieutenants,  Governors,  and  Command¬ 
ers  in  Chief,  of  this  province)  shall  have  power  and 
authority  to  give  and  grant  licenses  annually,  under  vern  ^eePers* 
the  public  seal  of  the  said  city,  to  all  tavern  keep¬ 
ers,  innkeepers,  ordinary  keepers,  victuallers  and 
all  public  sellers  of  wine,  strong  waters,  cyder,  beer, 
or  any  other  soit  of  liquors,  hy  retail  within  the  city 
aforesaid,  Manhattan’s  Island,  or  their  liberties  and 
precincts  thereof;  and  that  it  shall  and  may  be  law¬ 
ful  to  and  for  the  said  Mayor  of  the  said  city,  for 
the  time  being,  to  ask,  demand,  and  receive,  for 
such  license,  by  him  to  be  given  and  granted,  as 
aforesaid,  such  sum  or  sums  of  money,  as  he  and 
the  person  to  whom  such  license  shall  be  given  or 
granted,  shall  agree  for,  not  exceeding  the  sum  of 
thirty  shillings  for  each  license.  All  which  money, 
as  by  the  said  Mayor  shall  be  so  received,  shall  be 
used  and  applied  to  the  public  use  of  the  said  May¬ 
or,  Aldei  men,  and  Commonalty,  of  the  said  city  of 
New  York,  and  their  successors,  without  any  ac¬ 
count  thereof  to  be  rendered,  made  or  done,  to  any 


20 


CHARTER  OP  THE  CITY  OP  NEYV-YORK. 


of  the  Lieutenants  or  Governors  of  this  province,  for 
the  time  being,  or  any  of  their  deputies. 

And  know  ye,  That  for  the  better  government  of 
the  said  city,  and  for  the  welfare  of  the  said  citizens, 
tradesmen,  and  inhabitants  thereof,  I  do  by  these 
presents,  for  and  on  the  behalf  of  his  most  sacred 
majesty,  his  heirs  and  successors,  give  and  grant  to 
the  said  Mayor,  Aldermen,  and  Commonalty,  of  the 
Mayor.record- said  city,  and  their  successors  that  the  Mayor,  Ke- 
or^the  mayor  corder,  and  Aldermen,  or  the  Mayor  and  any  three 
moreafdermen  or  more  °f  the  Aldermen  for  the  time  being,  shall, 
mciT  ^  free*  from  time  to  time,  and  at  all  times  hereafter,  have 
full  power  and  authority,  under  the  common  seal,  to 
make  free  citizens,  of  the  said  city,  and  liberties 
thereof ;  and  no  person  or  persons  whatsoever,  other 

And  no  person  than  sucj1  free  citizens,  shall  hereafter  use  any  art, 

being:  not  a  free  7  J  7 

man  toexercise  trade,  mystery,  or  manual  occupation,  within  the 

any  trade,  un-  .  ,  . 

less  in  time  ot  said  city,  liberties,  and  precincts  thereof,  saving  in 
their  ^cootimf  the  times  of  fairs  there  to  be  kept,  and  during  the 
AlS^unfreemen  continuance  of  such  fairs  only.  And  in  case  any 

or"ei*inggood^  Person  or  Persons  whatsoever,  not  being  fiee  citi- 
(unless a  fan  be  zens  0f  the  said  cjty  as  aforesaid,  shall  at  any  time 

persist  after  no-  hereafter  use  or  exercise  any  art,  trade,  mystery,  or 
manual  occupation,  or  shall,  by  himself,  themselves, 
or  others,  sell,  or  expose  to  sale,  any  manner  of  mer¬ 
chandize  or  wares  whatsoever,  by  retail,  in  any 


house,  shop,  or  place,  or  standing  within  the  said 
city,  or  the  liberties  or  precincts  thereof:  no  fair 
being  then  kept,  in  the  said  city,  and  shall  persist 
therein  after  warning  to  him  or  them  given,  or  left 
by  the  appointment  of  the  Mayor  ol  the  said  city, 
for  the  time  being,  at  the  place  or  places  where  such 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


2  l 


person  or  persons  shall  so  use  or  exercise  any  art, 

trade,  mystery,  or  manual  occupation  ;  or  shall  sell 

or  expose  to  sale,  any  wares  or  merchandizes,  as 

aforesaid  by  retail ;  then  it  shall  be  lawful  for  the 

Mayor  of  the  said  city  for  the  time  being,  to  cause 

such  shop  windows  to  be  shut  up,  and  also  to  im- shall  forfeit  a 

pose  such  reasonab'e  fine  for  such  offence,  not  ex-  ceedin£°|t5  tor 

I  «nr» 

ceeding  five  pounds  for  every  respective  offence ;  eac  1  otlenc' 

and  the  same  fine  and  fines  so  imposed,  to  levy  and  to  he  levied  by 

distress  &  s<ilc 

take  bv  warrant  under  the  common  seal  of  the  said  0f  offenders 
city,  for  the  time  being,  by  distress  and  sale  of  the  of  the  Corpora^ 
goods  and  chattels  of  the  person  or  persons  so  of-  tlon' 
fending  in  the  premises  found  within  the  liberties 
or  precincts  of  the  said  city,  rendering  to  the  party 
or  parties  the  overplus  ;  or  by  any  other  lawful  ways 
or  means  whatsoever  to  the  only  use  of  the  said 
Mayor,  Aldermen,  and  Commonalty,  of  the  said 
city  of  New- York,  and  their  successors,  without  any 
account  to  be  rendered,  made,  or  done,  to  the  Lieu¬ 
tenants  Governors,  or  Commanders  in  Chief,  of  this 
province  for  the  same :  Provided,  That  no  person  or 
persons  shall  be  made  free  as  aforesaid,  but  such  as 
are  his  majesty’s  natural  born  subjects,  or  such  as  None  to  be 
shall  first  be  naturalized  by  act  of  General  Assem-  ^ch^sare  ua- 
bly ;  or  shall  have  obtained  letters  of  denization,  jects^naturali" 

under  the  hand  of  the  Lieutenant  Governor  or  Com- or  made 

Denizens. 

mander  in  Chief  for  the  time  being,  and  seal  of  the 
province :  and  that  all  persons  to  be  made  free  as 
aforesaid,  shall  and  do  pay  for  the  public  use  of  the 
said  Mayor,  Aldermen,  and  Commonalty,  of  the 
said  city,  such  sum  and  sums  of  money  as  hereto- 
fore  hath  been  used  and  accustomed  to  be  paid  and 


I 


CHARTER  OF  THE  CITY  OF  NEW- YORK. 


O  ’J) 
-c  £ 


received  on  their  being  admitted  freemen  as  afore- 

tiwd?  free'not  saic* :  Prov^c^  ls  not  exceeding  the  sum  of  five 
exceed  L5.  pounds. 

And  further,  I  do,  by  these  presents,  for  and  on 

the  behalf  of  his  most  sacred  majesty  aforesaid,  his 

heirs  and  successors,  grant  to  the  Mayor,  Aider- 

men,  and  Commonalty,  of  the  said  city,  that  they 

Power  to  pur-  and  their  successors  be  forever,  persons  able  and 
chase  and  ho’d  ,,  ,  ,  15  ,  .  , 

lands  and  tone  capable,  and  shall  have  power  to  purchase,  have, 

simple,. ”c. soas  ^^e,  a°d  possess  in  fee  simple,  lands,  tenements, 

the^early  vaT rents’  and  other  possessions  within  or  without  the 

ue  of  lOOOi  per  same  city  ;  to  them  and  their  successors  forever,  so 

annum.  J 

as  the  same  exceed  not  the  yearly  value  of  one 
thousand  pounds  per  annum,  the  statute  of  Mort¬ 
main,  or  any  other  law  to  the  contrary  notwithstand* 

And  to  sell  ing;  and  the  same  lands,  tenements  hereditaments, 

lease  Sf  dispose 

of  the  same,  and  premises  or  any  part  thereof  to  demise,  grant, 
lease,  set  over,  assign,  and  dispose,  at  their  own 
will  and  pleasure,  and  to  make,  seal,  and  accom¬ 
plish,  any  deed  or  deeds,  lease  or  leases,  evidences, 
or  writings  for  or  concerning  the  same,  or  any  part 
thereof,  which  shall  happen  to  be  made  and  grant¬ 
ed  by  the  said  Mayor,  Aldermen,  and  Commonalty, 
of  the  said  city  for  the  time  being. 

And  further ,  I  do,  by  these  presents,  for  and  on 
the  behalf  of  his  most  sacred  majesty  aforesaid, 
heirs,  and  successors,  grant  to  the  said  Mayor,  Al¬ 
dermen,  and  Commonalty,  that  they  and  their  suc¬ 
cessors  shall  and  may  forever  hereafter,  hold  and 

Power  to  keep  keep  within  the  said  city,  in  every  week  of  the  year, 
three  Murktt* 

three  market  days,  the  one  upon  Tuesday,  the  other 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR.  23 

upon  Thursday,  and  the  other  upon  Saturday,  ^ys  weekly 
weekly  forever. 

And  also ,  I  do  by  these  presents,  for  and  on  the 

behalf  of  his  most  sacred  majesty  aforesaid,  his 

heirs  and  successors,  grant  to  the  Mayor,  Aldermen, 

and  Commonalty,  of  the  said  city,  that  they  and 

their  successors  and  assigns,  shall  and  may  at  any 

time  or  times  hereafter,  when  it  to  them  shall  seem 

fit  and  convenient,  take  in,  fill,  and  make  up,  and  Power  to  the 

*  Corporation  to 

lay  out,  all  and  singular  the  lands  and  ground  in  and  lay  out  th-ir 
about  the  said  city  and  Island  Manhattan’s,  and  build, &c. 
the  same  to  build  upon,  or  make  use  of,  in  any  other 
manner  or  way,  as  to  them  shall  seem  fit,  as  far 
into  the  rivers  thereof,  and  that  encompass  the 
same,  at  low-water  mark  aforesaid. 

And  I  do,  by  these  presents,  for  and  on  the  be¬ 
half  of  his  most  sacred  majesty  aforesaid,  his  heirs, 
and  successors,  give  and  grant  unto  the  aforesaid 
Mayor,  Aldermen,  and  Commonalty,  of  the  said 
city  of  New  York,  and  their  successors,  that  they 
and  their  successors,  shall  and  may  have,  hold, 
and  keep,  within  the  said  city,  and  liberties  and 
precincts  thereof,  in  every  week  in  every  year  for¬ 
ever,  upon  Tuesday,  one  court  of  common  pleas, 
for  all  actions  of  debt,  trespass,  trespass  upon  the 
case,  detinue,  ejectment,  and  other  personal  ac-  p  <0  j  w 

tions;  and  the  same  to  be  held  before  the  Mayor,  a  court  of  com - 

mon  pleas,  on 

Recorder,  and  Aldermen,  or  any  three  of  them,  every  Tuesday, 
whereof  the  Mayor  or  Recorder  to  be  one,  who 
shall  have  power  to  hear  and  determine  the  same 
pleas  and  actions,  according  to  the  rules  of  the 


24 


CHARTER  OF  THE  CITY  OF  NEW- YORK. 


common  law,  and  acts  of  general  assembly  of  the 
said  province. 

And  I  do ,  by  these  presents,  for  and  on  behalf  of 
his  most  sacred  majesty  aforesaid,  his  heirs,  and 
successors,  grant  to  the  said  Mayor,  Aldermen,  and 
Commonalty,  of  the  said  city  of  New-York,  and  their 
successors,  that  the  said  Mayor,  Aldermen,  and 
Commonalty,  of  the  said  city,  and  their  successors, 

Grant  to  thp  shall  have  and  enjoy  all  the  privi leges,  franchises, 
Corporation  of  ,  ,  ,  ,  .  .  _ 

all  their  former  and  powers,  that  they  have  and  u«e,  or  that  any  of 

their  predecessors  at  any  time  within  the  space  of 
twenty  years  last  past,  had  took,  or  enjoyed,  or 
ought  to  have  had,  by  reason,  or  under  any  pre¬ 
tence  of  any  former  charter,  grant,  prescription,  or 
any  other  right,  custom,  or  usage,  although  the  same 
have  been  forfeited,  lost,  or  have  been  ill  used,  or 
not  used,  or  abused,  or  discontinued,  albeit  they  be 
not  particularly  mentioned  ;  and  that  no  officer  shall 
disturb  them  therein  under  any  pretence  whatsoever, 
not  only  for  their  future,  but  their  present  enjoyment 
thereof ;  provided  always,  that  the  said  privileges, 
So  they  be  not  franchises ,  and  powers,  be  not  inconsistent  with,  or 

repugnant  to 

the  laws  of  repugnant  to  the  laws  of  his  majesty's  kingdom  of 
England,  or 

acts  of  assem  England,  or  other  the  laws  of  the  general  assembly 
fony,1 saving  the  of  this  province  as  aforesaid.  And  saving  to  his 
}ort*  most  sacred  majesty  aforesaid,  his  heirs,  successors, 

and  assigns,  and  the  Lieutenants,  Governors,  and 
Commanders  in  chief,  and  other  officers  under  him 
and  them,  in  Fort-James,  in  or  by  the  city  of  INew- 
York,  and  in  all  the  liberties,  boundaries,  extents, 
privileges  thereof,  for  the  maintenance  of  the  said 
fort  and  garrison  there,  all  the  right,  use,  title,  and 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR, 


9,C) 


authority,  which  they  or  any  of  them,  have  had, 
used  or  exercised  there ;  and  also,  one  messuage 
or  tenement  next  the  City- Hall;  and  one  mes¬ 
suage  by  the  fort  now  in  the  possession  of  Thomas 
Coker  gent  The  piece  of  ground  by  the  gate,  And  a  house 

called  the  Governor’s  garden,  and  the  land  with-  ^ 

out  the  gate,  called  the  King’s  farm ;  with  the  an^the  Go^er* 
swamp  next  to  the  same  land  by  the  fresh  water ;  nor’s  garden, 

1  Kjiiii’s  farm,  & 

and  saving  the  several  rents  and  quit  rents,  re  >wamp. 

And  all  rents 

served  due-  and  payable,  from  several  persons  in- and  quit  rents 

reserved  od 

habiting  within  the  said  city,  and  Island  Man  hat-  former  grants, 
tan’s,  by  virtue  of  former  grants  to  them  made  and 
given,  and  saving  to  all  other  persons,  bodits  poli¬ 
tic  and  corporate,  their  heirs,  successors,  and  as¬ 
signs  all  such  right,  title,  and  claim,  possessions, 
rents,  services,  commons,  emoluments,  interest  in 
and  to  any  thing  which  is  t heir’s  (save  only  the  fran¬ 
chises  aforesaid)  in  as  ample  manner  as  if  this  chap¬ 
ter  had  not  been  made. 

And  further,  I  do  appoint  and  declare,  that  the 

incorporation  to  be  founded  by  this  charter,  shall 

not  at  any  time  hereafter  do  or  suffer  to  be  done, 

any  thing  by  means  whereof  the  lands  tenements  or  incorpora¬ 
tion  'iot  be  con- 

hereditaments,  stock  goods,  or  chattels  thereof,  strued  to  take 
or  in  the  hands,  custody,  possession  of,  any  of  the  ci  hnds,  ume- 
tizens  of  the  said  city,  such  as  have  been  sett,  lett,  oTdutt^s  dls- 
given,  granted,  or  collected,  to,  and  for  pious  and  toScharitablere 
charitable  uses,  shall  be  wasted  or  misemployed, u?es* 
contrary  to  the  trust  or  intent  of  the  founder  or  giver 
thereof,  and  that  such  and  no  other  construction 
shall  be  made  thereof,  than  that  which  may  tend 
most  to  advantage  religion,  justice,  and  the  public 


26 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


good ;  and  to  suppress  all  acts  and  contrivances  te 
be  invented,  or  put  in  use,  contrary  thereunto.  In 
Witness  whereof,  I  have  caused  these  presents  to  be 
entered  in  the  Secretary’s  office,  and  the  seal  of  the 
said  Province  to  be  hereunto  affixed,  this  seven  and 
twentieth  day  of  April,  in  the  second  year  of  the 
reign  of  his  most  sacred  majesty  aforesaid,  and  in 
End  of  the  the  year  of  our  Lord  God,  One  Thousand  Six  Hun- 
Gov,  Dongan,  dred  and  Lightysix. 

THOMAS  DOXGAN. 

By  virtue ,  or  under  pretext  whereof,  the  said  citi- 
Recital  that  zens  ar,d  inhabitants  from  the  date  thereof,  hitherto 
Srtue^oMlnt  ^ave  or  clanmed  to  hold,  and  still  do  hold,  or 

hHdrt&r stilTdo  c^a*m  to  a,1(^  enjoy?  an(^  singular  the  rights, 

hold  sundry  privileges,  franchises,  pre-eminences,  advantages, 

franchises,  r 

lands  and  tene- jurisdictions,  courts,  powers,  profits,  immunities, 
merits,  thereby  ,  .  ,  . 

granted  to  lands,  tenements,  hereditaments,  and  other  ihe  pre- 

Mtem.  lnjses  therein  particularly  mentioned  and  thereby  in¬ 

tended  to  be  granted  And  whereas  the  citizens  and 
inhabitants  of  the  said  city  of  i\ew  York,  besides 
the  several  public  buildings,  accommodations,  con- 
veniencies,  and  other  things  in  the  before  recited 
grant  or  writing  mentioned  to  have  been  by  them 
erected,  built,  and  appropriated,  have,  since  the 
making  thereof,  built,  and  appropriated,  at  their  own 
proper  costs  and  charges,  several  public  buildings, 
accommodations,  and  conviencies,  for  the  said 
city,  that  is  to  say ,  the  present  city  hall  and  gaols, 
rooms  and  places  for  the  sitting  of  courts  of  justice, 
Recital  of  se- and  chambers  adjoining,  with  the  ground  and  ap. 
building  made  purtenances  thereunto  belonging,  five  market-houses, 
by  the  City.  tjie  present  crane  and  bridge,  with  the  common 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


27 


sewer  leading  through  the  great  dock,  and  a  maga¬ 
zine  or  powder  house  near  the  fresh  water,  and  se¬ 
veral  other  public  buildings,  and  conveniencies  in  the 

said  city  ;  and  have  built  the  new  ferrv  houses  on  the 
*  ' 

island  of  Nassau,  for  the  reception  of  travellers, 

with  a  barn,  stables,  and  penn,  or  pound  for  cattle. 

And  whereas  our  late  roval  predecessor,  Queen  Recital  of  the 

f  .  ,  ,  Patent  of 

Anne,  by  her  letters  patent,  under  the  broad  seal  Queen  Anne, 
of  the  Province  of  New  York  made,  bearing  date 
the  nineteenth  day  of  April,  in  the  seventh  year  of 
her  reign,  did  grant,  ratify,  and  confirm,  unto  the 
then  Mayor,  Aldermen,  and  Commonalty  of  the  city 
of  New-York,  and  to  their  successors  and  assigns, 
in  these  words  following,  to  w  t,  Anne,  by  the  grace 
of  God,  of  England,  Scotland,  France  and  Ire¬ 
land,  queen,  defender  of  the  faith,  &c.  To  ail In  ^ :c  ver^a‘ 
whom  these  presents  may  in  any  wise  concern,  send- 
eth  greeting:  Whereas  the  Mayor,  Aldermen,  and 
Commonalty  of  the  city  of  New-York,  by  their  pe¬ 
tition  to  our  right  trusty  and  well  beloved  cousin  Ed¬ 
ward  Viscount  Cornburry,  our  Captain  General  and  Recital  of  pc- 

^  .  rM  •  •  j  •  /.titioo  from  the 

Governor  in  Chief,  m  and  over  our  province  of  corpora  lion  to 
New-York,  and  territories  depending  thereon  in  l°v^ornburry> 
America,  and  Vice  Admiral  of  the  same,  &c.  pre¬ 
ferred  in  Council ;  therein  setting  forth,  That  they 
having  a  right  and  interest,  under  divers  ancient 
Charters  and  Grants,  by  divers  former  Governors  Setting  forth 

7  J  their  right  to 

and  Commanders  in  Chief  of  our  said  Province  of  the  Feiry  on 

tvt  v  i  j  ii  .  .  Nassau  Island  j 

New-York,  under  our  noble  progenitors,  in  a  certain 

ferry  from  the  said  city  of  New  York,  over  the  East 

River  to  Nassau  Island,  (alias  Long-Island)  and 

from  the  said  Island  to  the  said  city  again,  and  have 


I 


28  charter  op  the  city  op  nfw-york. 

possessed  the  same,  and  received  all  the  profits,  be¬ 
nefits,  and  advantages  thereof  for  the  space  of  fifty 
years  and  upwards;  and  perceiving  the  profits,  ad¬ 
vantages,  and  benefits  usually  issuing  out  of  the 
same  to  diminish,  decrease,  and  fall  short  of  what 
might  be  reasonably  made  of  the  same,  for  the  want 
of  the  bounds  and  limits,  to  be  extended  and  en¬ 
larged  on  the  said  island  side,  whereby  to  prevent 
divers  persons  transporting  themselves  and  goods  to 
and  from  the  said  Island  Nassau  (alias  Long  Island) 
over  the  said  river,  without  coming  or  landing  at  the 

And  pravmg  usua|  nnfj  accustomed  places,  where  the  ferry  boats 
jjranl  &  conu  1  7 

mation thereof;  are  usually  kept  and  appointed,  to  the  great  loss 
and  damage  of  the  said  city  of  New'  York;  have 
humbly  prayed  our  grant  and  confirmation,  under 
the  great  seal  of  our  said  Province  of  New  York,  of 
the  said  feiry,  called  the  Old  Ferry,  on  both  sides 
of  the  said  Fast  River,  for  the  transporting  of  pas¬ 
sengers,  goods,  horses  and  cattle,  to  and  from  the 
said  city,  as  the  same  is  now  held  and  enjoyed  hy 
the  said  Mayor,  Aldermen  and  Commonalty  of  the 
said  city  of  N’ew-York,  or  their  under-tenant,  or 
under-tenants;  and  also,  of  all  that  the  vacant  and 
unappropriated  land,  from  high  water-mark,  to  low 
bind ^Vom^Bh  water  ma,k»  011  the  said  Nassau  Island,  (alias  I  ong- 
wate'  nwk'oo  ^ar,c0  tying  contiguous  and  fronting  the  said  city 
Nassau  island,  of  New  York,  from  a  certain  place  called,  The 
Wall  About,  unto  the  Red-Hook,  over  against  Nut- 
ten-island,  for  the  better  improvement  and  accom- 
with  power  to  modation  of  the  said  ferry  ;  with  full  power,  leave, 
ferries!*1  m°U  anc^  bcence  to  set  up,  establish,  maintain,  and  keep 
one  or  more  ferry  or  ferries,  for  the  ease  and  accom- 


JOHN  MONTGOMERIE,  ESQ  GOVERNOR.  TJ 

modation  of  al!  passengers  and  travellers,  for  the 
transportation  of  themselves,  goods,  horses,  and 
cattle,  over  the  said  river,  within  the  bounds  afore¬ 
said,  as  they  shall  see  meet  and  convenient,  and  oc¬ 
casion  require  ;  and  to  establish,  ordain,  and  make  hyeT^foM^ 
bye  laws,  orders,  and  ordinances,  for  the  due  and  Suldlu,g 
orderly  regulation  of  the  same :  The  which  Petition 
we  being  minded  to  grant,  Know  ye,  That  of  our 
especial  grace,  certain  knowledge,  and  meer  motion, 
we  have  given,  granted,  ratified,  and  confirmed, 
and  in  and  by  these  presents,  for  us,  our  heirs,  and 
successors,  we  do  give,  grant,  ratify,  and  confirm, 
unto  the  said  Mayor,  Aldermen,  and  Commonalty 
of  the  city  of  New-York,  and  to  their  successors 
and  assigns,  All  that  the  said  ferry,  called  the  Old  Grant  tothe 
Ferry,  on  both  sides  of  the  said  Fast  River,  for  the  [^e  °‘ 

transportation  of  passengers,  goods,  horses,  and  cat¬ 
tle,  over  the  said  river,  to  and  from  the  said  city  and 
island,  as  the  same  is  now  used,  held,  and  enjoyed, 
by  the  said  Mayor,  Aldermen,  and  Commanalty  of 
the  city  of  New-York,  or  their  under  tenant  or  un¬ 
der  tenants,  with  all  and  singular  the  usual  and  ac¬ 
customed  ferriage,  fees,  perquisites,  rents,  issues, 

profits,  and  other  benefits  and  advantages  whatso-  with  all  fees 
J  ’  _  &  and  profits. 

ever,  to  the  said  Old  Ferry  belonging  or  therewith 
used,  or  thereout  arising;  and  also,  all  that  the 
aforesaid  vacant  and  unappropriated  ground,  lying  Grant  of  all 
and  being  on  the  said  Nassau  Island,  (alias  Long-  y  md, 

Island)  from  high  water  maik  to  low  water-mark  and'imr  water- 
aforesaid,  contiguous  and  fronting  the  said  city  vv^'i^Ahou/to 
of  New  York,  from  the  aforesaid  place  called  the  Red -Hook, 
Wall-About,  to  Red-Hook  aforesaid;  That  is  to 


30 


CHARTER  OF  THE  CITY  OF  NEW  YORK'. 


say ,  from  the  east  side  of  the  'Wall-About,  opposite 
the  now  dwelling  house  of  James  Bobine,  to  the 
west  side  of  the  Red* Hook,  commonly  called  the 
Fishing  Place,  with  all  and  singular  the  appurte¬ 
nance  and  hereditaments  to  the  same,  or  any  part  or 
parcel  thereof  belonging,  or  in  any  wise  of  right 
appertaining;  together  with  all  and  singular  the 
rents,  issues,  profits,  ways,  waters,  easements,  and 
fii/n belonging  other  benefits,  profits,  advantages,  and  appwrte- 

I'nertto.  nances,  which  heretofore  have,  now  are,  and  which 
hereafter  shall  belong  to  the  said  ferry,  vacant  land, 
and  premises,  hereinbefore  granted  and  confirmed, 
or  to  any  or  either  of  them  in  any  wise  appertain¬ 
ing,  or  which  heretofore  have  been,  now  are,  and 
which  hereafter  shall  belong,  he  used,  held,  received, 
and  enjoyed  ;  and  all  our  estate,  right,  title,  and  in 
terest,  benefit  and  advantage,  claim  and  demand  of 
in,  or  to,  the  said  ferry,  vacant  land,  and  piemisesj 
or  any  part  or  parcel  thereof,  and  the  reversion  and 
reversions,  remainder  and  remainders ;  together 
with  the  yearly  and  other  rents,  revenues,  and  pro¬ 
fits,  of  the  premises,  and  of  every  part  and  parcel 
thereof;  except  and  always  reserved  out  of  this  our 
present  grant  and  confirmation,  free  liberty,  leave, 
Reserving  lib-  and  license,  to  and  for  all  and  every  person  or  per- 
h dbitani s  !v-  sons’  inhabiting  or  having  plantations  near  the  said 

ing  plautatious  r|ver  by  the  water  side,  within  the  limits  and  bounds 
near  the  water  7  J 

side  to  trans-  above  mentioned,  to  transport  themselves,  goods* 
wives  &  goods  horses,  and  cattle  over  the  said  river,  to  and  from 
ferrkge the  said  ciiy  of  New- York,  and  Nassau-l>land,  (alias 
themselves  a^d  Long-Island)  to  and  from  their  respective  dwellings 
»ood»°and  in  or  plantations,  without  any  ferriage  or  other  account 


31 


JO  IIN  MONTGOMERIE,  ESQ.  GOVERNOR 

to  the  said  ferry,  hereby  granted  and  confirmed  to  ^JJir  ®wn  boats 

be  paid  or  given  ;  so  always  as  the  said  person  or 

persons  do  transport  themselves  only,  and  their  own 

goods,  and  in  their  own  boats  only,  and  not  any 

stranger  or  their  goods,  horses,  or  cattle,  or  in  any 

other  boat:  To  have  and  to  hold ,  All  and  singular  To  bold  the 

the  said  ferry,  vacant  land,  and  premises,  herein  va^ant  'land'to 

before  granted  and  confirmed,  or  meant,  mentioned,  *!ie  c<yp°ra- 

or  intended  to  be  hereby  granted  and  confirmed  censors  and  as- 

4  signs  forever, 

(except  as  is  hereinbefore  excepted)  and  all  and  sin¬ 
gular  the  rents,  issues,  profits,  rights,  members,  and 
appurtenances,  to  the  same  belonging,  or  in  any 
wise  of  right  appertaining  unto  the  said  Mayor,  Al¬ 
dermen,  and  Commonalty,  of  the  city  ofNew-York, 
and  their  successors  and  assigns  forever  ;  to  the  on¬ 
ly  proper  use  and  behoof  of  the  said  Mayor,  Aider- 
men,  and  Commonalty,  of  the  city  of  New-York, 
an4  their  successors  and  assigns  forever;  to  he 
holden  of  us,  our  heirs  and  successors,  in  free  and 
common  soccage,  as  of  our  manor  of  East  Green¬ 
wich,  in  the  county  of  Kent,  within  our  kingdom 
of  England  ;  yielding,  rendering  and  paying  unto  Undor  the 

.  .  ,  -  ,  *  ,  yearly  rent  of 

us.  our  heirs  and  successors  for  the  same,  yearly,  at  5S.  per  annum. 

our  custom  house  of  New-York,  to  our  collector  and 
receiver  general  there  for  the  time  being,  at  or  upon 
the  feast  of  the  nativity  of  St  John  the  Baptist,  the 
yearly  rent  or  sum  of  five  shillings,  current  money 
of  New- York. 

And  wr  do  further ,  of  our  especial  grace,  certain 
knowledge,  and  meer  motion,  for  us,  our  heirs  and 
successors,  give  and  grant  unto  the  said  Mayor, 

Aldermen,  and  Commonalty,  and  their  successors, 


CHARTER  OF  THE  CITY  OF  NKW  YORK. 


*9 

1/  -ml 


Power  to  estab¬ 
lish  as  many 
Ferries  as  ib^y 
shall  think  fit. 


And  rpceive 
such  ferriage 
fees  as  n  m  are 
taken,  or  shall 
be  established. 

With  tile  CO'I- 

sen’  of  the  g<* 
vernor  &  coun¬ 
cil. 


Power  to  make 
bye  laws  for 
regulating  the 
ferry. 


full  and  free  leave  and  licence  to  set  up,  establish, 
keep,  and  maintain  one  or  more  ferry  or  ferries,  as 
they  shall  from  time  to  time  think  fit  and  convenient? 
within  the  limits  and  bounds  aforesaid,  for  the  ease 
and  accommodation  of  transporting  of  passengers, 
goods,  horses,  and  cattle,  between  the  said  city  of 
ISew-York,  and  the  said  island  (except  as  is  herein 
before  excepted)  under  such  reasonable  rates  and 
payments  as  have  been  usually  paid  and  received 
for  the  same;  or  which  at  any  time  hereafter,  shall 
be  by  them  established  by  and  with  the  consent  and 
approbation  of  our  Governor  and  i  ouncil  of  our  said 
Province,  for  the  time  being.  And  we  do  further , 
of  our  especial  grace,  certain  knowledge,  and  meer 
motion,  give  and  grant  unto  the  said  Mayor,  Aider- 
men  and  Commonalty,  of  the  city  of  i\ew  York, 
and  their  successors,  full  and  absolute  power  and 
authority,  to  make,  ordain,  establish,  constitute, 
and  confirm,  all  manner  of  bye  laws,  orders,  rules 
ordinances,  and  directions,  for  the  more  orderly 
keeping,  and  regularly  maintaining  the  aforesaid 
fer*\y  that  now  is  kept,  or  any  feiry  or  ferries  which 
shall  at  any  time  or  times  hereafter,  be  set  up,  es¬ 
tablished.  or  kept  within  the  bounds  afoiesaid,  by 
virtue  hereof,  or  of,  for,  touching,  or  concerning, 
the  same  (so  always  as  the  same  be  not  contrary  to 
our  laws  of  England,  and  of  our  Province  of  I\ew- 
York)  and  the  same  at  all  times  hereafter  to  put  in 
execution,  or  abrogate,  revoke  or  change,  as  they 
in  their  good  discretion  shall  think  fit,  and  most  con- 
venient,  for  the  due  and  orderly  keeping,  regulat- 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 

ing,  and  governing  the  said  ferry  or  ferries  herein¬ 
before  mentioned. 

And  lastly ,  our  will  and  pleasure  is,  and  we  do  ^his^grant  oi 
hereby  declare  and  grant,  that  these  our  letters  thereof  to  he 
patent,  or  the  record  thereof,  in  the  secretary’s 
office  of  our  said  province  of  New-York,  shall  be 
good  and  effectual  in  the  law,  to  all  intents  and 
purposes  whatsoever,  notwithstanding  the  not  true 
and  well  reciting  or  mentioning  of  the  premises, 
or  any  part  thereof,  or  the  limits  and  bounds  there¬ 
of,  or  of  any  former  or  other  letters  patents,  or 
grants  whatso;ver,  made  or  granted;  or  of  any 
part  thereof,  by  us  or  any  of  our  progenitors,  unto 
any  person  or  persons  whatsoever,  bodies  politic, 
or  corporate,  or  any  law  or  other  restraint,  incer¬ 
tainty,  or  imperfection  whatsoever,  to  the  contrary 

in  any  wise  notwithstanding,  and  alth  ugh  express  NotwithstamS 
/*  »  ,  .  .  _  ing  any  imper 

mention  of  the  true  yearly  value,  or  certainty,  of  fections  what 

the  premises,  or  of  any  of  them,  or  of  any  other  soe''or* 
gifts  or  grants  by  us  or  by  any  of  our  progenitors, 
heretofore  made  to  the  said  Mayor,  Aldermen,  and 
Commonalty,  of  the  city  of  New- York,  in  these  pre¬ 
sents,  is  not  made,  or  any  other  matter,  cause,  or 
thing,  whatsoever,  to  the  contrary  thereof  in  any 
wise  notwithstanding.  In  testimony  whereof,  we 
have  caused  these  our  letters  to  be  made  patent, 
and  the  seal  of  our  said  province  of  New  York,  to 
our  said  letters  patent  to  be  affixed,  and  the  same 
to  be  recorded,  in  the  secretary’s  office  of  our  said 
province  Witness  our  right  trusty  and  well  be¬ 
loved  cousin,  Edward  Viscount  Cornburry,  Cap¬ 
tain  General,  and  Governor  in  Chief,  in  and  over 


34 


charter  of  the  city  of  new-york; 


our  province  of  New  York  aforesaid,  and  territo¬ 
ries  thereon  depending  in  America,  and  Vice  Ad¬ 
miral  of  the  same,  &c.  in  Council,  at  our  fort  in 
New- York,  the  ninteenth  day  of  April,  in  the  se- 
venth  year  of  our  reign.  Annoq;  Domini ,  One 
Thousand  Seven  Hundred  and  Eight. 

By  virtue  of  By  Virtue ,  or  under  pretext  whereof,  the  said 
the  citizens  do  inhabitants  and  citizens  of  the  city  of  New-York, 
&° vacant *hnd  have  held  and  enjoyed,  or  have  claimed  to  hold 
thereby  grant-  an(j  enjoy,  and  still  do  hold,  or  claim  to  hold, 

the  ferry,  vacant  land,  perquisites,  profits,  privi¬ 
leges,  powers,  and  other  the  premises,  in  the  be¬ 
fore  recited  letters  patent  mentioned  and  intended 
to  be  thereby  granted  And  whereas ,  besides  all 
the  aforesaid  particulars  in  the  said  grant  or  instru¬ 
ment  made,  in  the  aforesaid  year  of  our  Lord  One 
Thousand  Six  Hundred  Eighty  and  Six,  and  in 
the  before  recited  letters  patent  of  Queen  Anne, 
Recital  of  sun  mentioned  or  intended  to  be  thereby  granted,  the 

dry  other  frau-  .  .  .  ,  .  c  .  .  ,  .  c  XT 

chises,  lands,  citizens  and  inhabitants  of  the  said  city  of  New- 

hefd1  by^The t  #  York  have  anciently  held,  or  claimed  to  hold,  use, 
corporation;  anc|  enj0y^  divers  and  sundry  other  rights,  privi¬ 
leges,  franchises,  preeminences,  advantages,  ju¬ 
risdictions,  emoluments,  powers,  profits,  immuni¬ 
ties,  lands,  tenements,  and  other  hereditaments, 
as  well  by  prescription,  as  by  divers  grants,  and 
confirmations  of  and  from  divers  Governors,  Lieu¬ 
tenant  Governors,  and  Commanders  in  Chief,  of 
the  said  province,  by  the  name  of  The  Mayor ,  Al- 
A*  well  by  pie*  dtrmen  tend  Commonalty  of  the  City  of  New- York, 
senptioD  a-  by  anc|  |  divers  other  names,  stiles,  and  titles,  and 

grant  and  »  ' 

otherwise.  otherwise. 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


And  vdiprens,  divers  questions,  doubts,  opinions,  Sundry  disputes 
7  »  J  7  r  concerning  the 

ambiguities,  controversies,  and  debates  have  aiisen  invalidity  of 

.  he  forme? 

and  been  made  as  well  upon  and  concerning  the  Charters; 
validity  and  force  of  the  said  recited  grant  or 
writing,  dated  in  the  year  of  our  Lord,  one  thousand 
six  hundred  and  eighty-six,  and  the  before  recited 
letters  patent  of  Queen  Anne,  as  upon  all  and  every 
the  other  grants  and  confirmations  of  divers  gover¬ 
nors,  lieutenant  governors,  and  commanders  in  chief, 
made  to  our  city  of  New-York,  as  aforesaid,  by 
reason  of  t'  e  variety  of  names,  stiles,  tides  and 
incorporations  aforesaid,  and  by  reason  that  the 
before  recited  grant  or  instrument,  dated  in  the  year 
of  our  Lord  one  thousand  six  hundred  and  eighty- 
six,  and  the  other  grants  and  confirmations  of  divers 
governors,  lieutenant  governors  and  commanders 
in  chief,  were  made  in  the  governors’  own  names 
respectively,  when  they  should  have  been  made  in 
the  respective  names,  stiles  and  titles  of  former 
kings  and  queens,  our  royal  predecessors,  under 
whom  they  were  governors,  lieutenant-governors  or 
commanders  in  chief,  respectively,  and  by  reason,  as 
some  suggest  and  say,  that  the  said  city,  or  inhabi¬ 
tants  or  citizens  thereof  never  wrre  well,  regularly,  ^nd  that  the 
or  legally  incorporated,  and  for  want  thereof,  none  ^pip°ratv10n 

of  all  the  said  grants,  confirmations,  instruments,  or  wellor  regular¬ 
ly  mcorporat- 

letters  patent,  herein  before  mentioned,  could  take  pd;  #  the  in- 

validity  of  their 

effect  or  operate;  and  for  divers  other  defects  in  prescription, 
all,  some  or  one  of  the  aforesaid  grants,  confirma¬ 
tions  and  writings;  and  also  upon  the  validity  and 
force  of  the  prescription  aforesaid.  And  whereas 


^  CHARTER  OF  THE  CITY  OP  NEW-YORK. 

our  well  beloved  subjects,  the  Mayor,  Aldermen., 

and  Commonalty  of  our  said  city  of  New  York,  by 

their  humble  petition,  presented  to  our  trusty  and 

well  beloved  John  Montgomerie,  esq.  our  captain- 

general,  and  governor  in  chief  of  our  provinces  of 

New- York  and  New-Jersey.  and  territories  depend- 

Petition  of  the  ing  thereon  in  America,  and  vice  admiral  of  the 
corporation  for  „  ....  .  ,  . 

a  new  charter  same,  &c  in  council,  renting  among  other  things, 

.ecitcd,  that  the  city  of  New  York  is  an  ancient  city,  and 
the  citizens  thereof  have  anciently  held  and  used, 
and  still  do  hold  and  use  divers  and  sundry  rights, 
liberties,  privileges,  franchises,  free  customs,  pre¬ 
eminences,  advantages,  jurisdictions,  emoluments, 
immunities,  lands  tenements,  public  buildings,  and 
hereditaments,  as  well  by  the  name  of  the  Mayor, 
Aldermen  and  Commonalty  of  the  (  ity  of  Ntw- 
York,  as  otherwise,  to  the  advancement  of  the  said 
city  in  its  number  of  buildings  and  inhabitants, 
whereby  the  said  city  is  become  a  considerable  sea* 
port,  and  exceedingly  necessary  and  useful  to  our 
kingdom  of  Great  Britain,  in  supplying  our 
governments  in  the  West  Tndies  with  bread,  flour, 
and  other  provisions  ;  wherefore  they  prayed,  among 
other  things,  for  our  confirmation  and  grant  to  the 
said  city,  and  corporation,  by  the  name,  stile,  and 
To  orant  and  title,  of  The  Mayor ,  Aldermen  and  Commonalty  of 
"former  ^  City  of  New  York,  of  all  their  lands,  tene- 
franebises,  ments,  public  buildings,  and  hereditaments,  wharves, 
meats.  docks,  bridges,  slips,  ferries,  cranes,  grants,  char¬ 

ters,  rights,  liberties,  privileges,  franchises,  free 
customs,  pre-eminences,  advantages,  jurisdictions, 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


37 


emoluments,  and  immunities,  now  and  heretofore 
by  them  held  and  enjoyed  ;  and  that  they  might 
have  the  soil  four  hundred  foot  beyond  low  water  \nd  to  have 
mark,  on  Hudsorrs  Kiver,  irom  a  certain  creek  or  hejow  Gll 
kill  called  Bestaver’s  Killitie,  southard  to  the  fort,  VT  n  ' 
and  from  thence,  the  same  number  of  feet  beyond 
low  water-mark  round  the  fort,  and  along  the  East 
River,  as  far  as  to  the  north  side  of  a  certain  hill 
called  Corlaer’s  Hook ;  and  also  for  a  grant  of 
such  other  powers  liberties,  franchises,  rights,  free 
customs,  jurisdictions,  privileges,  immunities,  and 
things,  as  may  be  needful  for  the  good  rule  and 
government  of  the  said  city.  And  we.  considering  Motive  indnc- 
that  the  strength  and  inciease  of  our  good  su b-  to^ui/a  new 
jects,  in  that  our  frontier  province,  of  New-York, Chiirter* 
does,  in  a  great  measure,  depend  upon  the  welfare 
and  prosperity  of  our  said  city,  wherein  the  trade 
and  navigation  thereof  are  chiefly  and  principally 
carried  on,  promoted,  and  encouraged ;  and  we 
affecting  the  good  and  happy  estate  of  our  said 
city,  and  the  steady  loyalty  and  integrity  of  the 
inhabitants  and  citizens  thereof,  are  very  desirous 
and  willing  to  give  encouragement  to  the  said 
city,  inhabitants,  and  citizens,  and  to  remove,  utter¬ 
ly  abolish,  and  wholly  take  away  all  and  all  man¬ 
ner  of  causes,  occasions,  and  matters,  whereupon 
such  questions,  doubts,  opinions,  ambiguities,  con¬ 
troversies,  or  debates,  as  aforesaid  or  any  other 
questions  or  doubts  may  or  can  aiise;  and  in  order 
thereunto,  we  have  thought  fit,  them,  the  said  in¬ 
habitants  and  citizens  of  the  said  city  of  New- 
York,  (by  whatsoever  name  or  names  they  have 


35 


CHARTER  OP  THE  CITY  OP  NEW-YORlf. 


The  Crown  been  or  were  incorporated,  or  whether  thev  have 

willing  that  a  1  *7 

corporation  he  been  or  were  heretofoie  incorporated  or  not)  into 

founded  by  the  ' 

name  of  The  one  body  politic  and  corporate,  by  the  name  of 

men^andVom  The  Mayor ,  Aldermen ,  and  Commonalty  of  the  City 

city3!)?  °New^  °f  New- York,  by  our  letters,  to  make,  constitute, 

confirm,  renew,  and  of  new  to  create.  And  we 

being  also  further  willing  and  fully  intending  and 

desiring,  that  the  said  inhabitants  and  citizens  of 

our  said  city,  by  the  name  aforesaid  should  have 

perpetual  succession,  and  should  hold  possess,  and 

enjoy,  all  and  singular,  the  rights,  privileges,  li- 

And  that  they  berties,  franchises,  pre-eminences,  advantages,  ju- 
shonld  enjoy 

all  their  former  risdictions,  courts,  powers,  offices,  authoiities,  fer- 
privileges^ 

franchises  and  ries,  fees,  fines,  perquisites,  profits,  immunities, 

hereditaments  .  ,  ,  .  ,  ,  . 

rents,  possessions,  lands,  tenements,  and  other  here¬ 
ditaments,  not  only  which  in  the  before  recited 
grants,  confirmations,  writings,  and  letters  patent, 
are  mentioned,  or  intended  to  be  thereby  granted, 
but  also,  which  they  have  held,  or  claimed  to  hold* 
by  prescription  or  otherwise,  with  the  alterations 
and  enlaigements  thereof  and  additions  thereto,  in 
such  manner  and  form  as  hereinafter  is  mentioned 
and  contained,  notwithstanding  the  before  mention¬ 
ed,  or  any  other  questions,  doubts,  opinions,  ambi¬ 
guities,  debates  faults,  or  imperfections. 

Wherefore  know  ye ,  That  we.  of  our  especial 
grace,  certain  knowledge,  and  meer  motion,  have 
willed,  ordained,  constituted,  confirmed,  given,  and 
granted,  and  by  these  presents,  for  us,  our  heirs, 
and  successors  do  will,  ordain,  constitute,  confirm, 
give  and  grant,  that  our  said  City  of  JNew-York,  be* 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR, 


39 


and  from  henceforth  forever  hereafter  shall  be  and  N^y0^kty  0! 

remain  a  free  city  of  itself ;  and  that  the  Mayor,  A 1- made  a  free 

dermen,  and  Commonalty  of  the  said  city,  and  their 

successors,  from  henceforth  and  forever  hereafter, 

shall  be  and  remain  one  body  corporate  and  politic, 

in  re  facto ,  and  nomine ,  by  the  name  of,  7  he  Mayor ,  Corporation 

^  created  by  the 

Aldermen ,  and  Commonalty  of  the  city  of  New-\  ork,  name  of,  The 
and  them  and  their  successors  by  the  name  of,  The  me^and  Com. 
Mayor ,  Aldermen ,  and  Commonalty  of  the  city  ofnc 
Mew-York,  one  body  corporate  and  politic,  in  re York> 
facto ,  and  nomine  really  and  fully,  we  do  for  us, 
our  heirs  and  successors,  erect,  make,  ordain,  con¬ 
stitute,  cot. firm,  declare,  and  create,  by  these  pre¬ 
sents,  and  that,  by  that  name,  they  shall  and  may 

have  perpetual  succession;  and  also,  that  they  and  And  by  that 
.  •  ,  ,  .  .  mi  n,i  name  to  have 

their  successors,  by  the  said  name  of,  1  be  Mayor,  perpetual  suc- 

Alderrnen ,  and  Commonalty  of  the  city  of  New-Cess,0°* 

York,  be,  and  foiever  hereafter  shall  be,  persons 
able  in  law,  and  capable  to  sue  and  be  sued,  im-  And  to  sue 
plead  and  be  impleaded,  answer  and  be  answered  ^  COurts.e  m 
unto,  defend  and  be  defended,  in  all  courts  and 
places  before  us.  our  heirs  and  successors,  and  before 
all  and  any  the  judges,  justices,  officers,  and  mi¬ 
nisters  of  us,  our  heirs  and  successors,  and  else¬ 
where  in  all  and  all  manner  of  actions,  suits,  com¬ 
plaints,  pleas,  causes,  matters,  and  demands,  what¬ 
soever,  and  of  what  kind  or  nature  soever,  in  as  full 
and  ample  manner  and  form,  as  any  of  our  other 
liege  subjects  of  our  said  Province,  being  persons 
able  and  capable  in  law,  can  or  may  sue  and  be 
sued,  implead  and  be  impleaded,  answer  and  be  an- 


40 


CHARTER  UK  THE  CITY  OP  NEW-YQRK. 


swered  unto,  defend  and  be  defended,  by  any  law¬ 
ful  ways  and  means  whatsoever.  And  also ,  That 
they  and  their  successors,  by  the  same  name  of, 
p"oSab1Hnd  ^  he  Mayor,  Aldermen,  and  Commonalty  of  the  rily 

em^tiUdgS  New‘York>  be  and  shall  be,  forever  hereafter, 
aud  cudtteis.  persons  capable  and  able  in  law,  to  purchase,  take, 

hold,  receive,  enjoy,  and  have,  any  messuages^ 
houses,  buildings,  lands,  tenements,  rents,  posses¬ 
sions  and  other  hereditaments,  and  real  estate, 
within  or  without  our  said  Province,  in  fee  and  for¬ 
ever,  er,  for  term  of  life,  or  lives  or  years,  or  in 
any  other  manner;  and  also  goods,  chattels,  and 
all  other  things,  of  what  kind  or  quality  soever. 

And  to  set!,  And  also,  That  they  and  their  successors,  bv  the 

Set,  ^nd  dispose  J 

thereof.  same  name  of,  The  Mayor ,  Aldermen,  and  Common - 
alty  of  the  city  of  New- York,  shall  and  may  give, 
grant,  demise,  assign,  and  sell,  or  otherwise  dis¬ 
pose  of  all  or  any  the  messuages,  houses,  buildings, 
lands,  tenements,  rents,  possessions,  and  other 
hereditaments,  and  real  estate,  and  all  their  goods, 
chattels,  and  other  things  aforesaid,  as  to  them 
shall  seem  meet,  at  their  own  will  and  pleasure. 

And  also.  That  the  said  Mayor,  Aldermen,  and 
Commonalty  of  the  city  of  Nno-Yorlc,  for  the  time 
being,  and  their  successors,  shall  and  may  forever 
hereafter,  have  and  use  a  common  seal  for  sealing 
all  and  singular  deeds,  grants,  conveyances,  con¬ 
tracts,  bonds,  articles  of  agreements,  assignments, 
powers,  authorities,  and  all  and  singular  their 
affairs  and  things,  touching  or  concerning  the  said 
corporation:  And,  by  virtue  of  these  our  letters, 


Corporation  to 
have  a  common 
seal. 


41 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 

it  shall  and  may  be  lawful  to  and  for  the  said  Mayor, 

.Aldermen,  and  Commonalty  of  the  city  of  New - 
Yor/c ,  and  their  successors,  as  they  shall  see  cause, 
to  break,  change,  and  new-make  the  same,  or  any  And  maFa!tei 

0  7  ^  or  new  make 

other  common  seal,  when,  and  as  often  as  to  them  the  same. 

it  shall  seem  convenient. 

And  we  do  further ,  of  our  especial  grace,  certain 
knowledge,  and  meer  motion,  for  us,  our  heirs  and 
successors,  give,  grant,  order,  and  appoint,  that  the 
said  city  of  Neio  York ,  and  the  compass,  precincts, 
circuit,  bounds,  liberties,  and  jurisdictions,  of  the 
same,  do  reach,  extend,  and  stretch  forth,  and  shall 
and  may  reach,  extend,  and  stretch  forth,  as  well  in 
length  as  in  breadth  and  circuit,  in  and  through  the 
limits  and  boundaries  following,  to  wit :  To  begin  Extent  of  the 
at  the  river,  creek,  or  run  of  water,  called  Spyt  denClty' 
Duyvely  over  which  King’s  Bridge  is  built,  where 
the  said  river  or  creek  empties  itself  into  the  North 
River,  on  Westchester  side  thereof,  at  low  water¬ 
mark,  and  so  to  run  along  the  said  river,  creek,  or 
run,  on  Westchester  side,  at  low  water  mark,  unto 
the  t  ast  River,  or  Sound,  and  from  thence  to  cioss 
over  to  Nassau- Island,  to  low  water  mark  there, 
including  Great-Barn  Island,  Little-Barn  Island,  and 
Manning’s-Island,  and  from  thence  all  along  Nas¬ 
sau- Island  shore  at  low  water  mark,  unto  the  south 
side  of  the  Red- Hook  ;  and  from  thence  to  run  a 
line  across  the  North  River,  so  as  to  include  Nuttem 
Island,  Bt  dlow’s  Island,  Bucking  Island,  and  the 
Oyster-Island,  to  low  water-mark  on  the  west  side 
of  the  North  River,  or  so  far  as  the  limits  of  our  said 

6 


> 


42  t HARTER  OP  THE  CITY  OF  KEW-YORK. 

province  extended  there,  and  so  to  run  up  along  the 
west  side  of  the  said  river,  at  low  water-mark,  or 
along  the  limits  of  our  said  province,  until  it  comes 
directly  opposite  to  the  first  mentioned  river  or 
creek,  and  thence  to  the  place  where  the  said  boun- 
City to hedi- daries  fiist  began.  And  also,  that  the  said  citv, 

'arided  into  se-  ,  .... 

ven  Wards.  within  the  limits  and  jurisdictions  thereof  as  afore¬ 
said,  be,  and  forever  hereafter  shall  be,  and  remain 
Their  names,  divided  into  seven  wards,*  to  wit :  the  West  Ward,, 
the  South  Ward,  the  Dock  Ward,  the  East  Ward, 
the  North  Ward  Montgomerie  Ward,  and  the  Out 
Ward ;  each  and  every  of  which  wards,  shall  con¬ 
tain  and  comprehend,  and  reach  and  extend  through 
the  several  limits  and  bounds  following,  to  wit : 

Bounds  of  the  The  West  Ward  to  begin  at  the  middle  of  the 

3rd 

east  end  of  the  street  that  goes  from  the  Parade  to 
the  North  River  between  the  lot  of  ground  now  in 
fence,  belonging  to  Charles  Sleigh,  and  the  house 
and  ground  late  of  Thomas  Elde  ;  and  from  thence 
to  run  a  direct  line  over  to  the  middle  of  the  west  end 
of  Beaver  street,  and  so  along  to  the  middle  of 
Beaver  street,  till  it  comes  directly  opposite  to  the 
middle  of  the  south  end  of  New-street,  and  then  to 
run  all  along  the  middle  of  New-Street,  to  the  north 
end  thereof;  and  from  thence  to  run  to  the  re^r  of 
the  dwelling-house,  now  in  the  possession  of  Do- 
mine  Du  Bois,  and  from  thence  to  run  all  along 
the  rear  of  the  houses  that  front  the  Broad- Way,  up 


The  Dumber  of  Wards  bas  been  since  increased  to  fifteen, 
and  the  boundaries  altered  by  an  Act  of  the  Legislature.  See 
the  Appendix. 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR, 


4$ 


(o  the  north  part  of  the  rear  of  Spring-Garden-house ; 
and  from  thence,  to  run  up  a  line,  as  the  Broad- 
Way  runs,  to  the  end  thereof,  including  the  said 
Broad-Way;  and  John  Harris,  his  house,  and  to  in¬ 
clude  all  other  houses,  hereafter  to  be  built  fronting 
the  said  Broad-Way,  and  from  the  north  end  of  the 
Broad- Way  to  continue  and  run  a  line,  as  the  said 
street  runs,  until  it  comes  directly  opposite  to  Besta- 
ver?s  Killitie,  or  rivulet,  and  from  thence  to  run  to 
tile  said  Bestaver’s  Killitie,  and  so  to  continue  thesaid 
fine,  four  hundred  foot,  beyond  low  water-mark,  into 
the  North  River,  and  so  down  the  said  North-River 
always  keeping  four  hundred  foot  beyond  low  water¬ 
mark,  until  it  comes  directly  opposite  to  the  middle 
of  the  west  end  of  the  first  mentioned  street ;  and  so 
to  run  to  and  through  the  middle  of  the  said  street# 
to  the  place  where  the  said  west  ward  first  began. 

The  South  Ward,  to  begin  at  the  middle  of  VI  all-  Rounds  of  the 
street,  where  the  line  of  the  west  ward  runs  across  ^oul^  ^ 
the  same,  and  from  thence  down  the  middle  of  Wall- 
street,  until  it  comes  directly  opposite  to  the  middle 
of  the  north  end  of  Broad-street ;  and  from  thence 
down  the  middle  of  Broad-street  to  the  long  bridge; 
and  from  thence  to  the  eastward  of,  and  to  include 
the  said  long  bridge,  and  the  market  house  at  the 
south  end  of  the  said  street  ;  and  from  thence  to  con¬ 
tinue  and  run  a  south-east  line,  across  the  East- 
Hiver  to  low  water-mark,  on  Nassau-Island  shore; 
and  from  thence  to  run  along  the  said  shore  at  low 
water-mark,  to  the  south  side  of  Red-Hook,  and 


44 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


from  thence  to  run  a  line  across  the  North  River,  so 
as  to  include  Nutten  Island,  Bedlow’s  Island.  Buck¬ 
ing-Island,  and  the  Oyster  Island  to  low  water¬ 
mark,  on  the  west  side  of  the  \orth  River;  and  so 
to  run  up  along  the  west  side  of  the  said  river,  at 
low  water- mark,  until  it  comes  directly  opposite  to 
Bestaver’s  Killitie,  or  rivulet;  and  from  thence  to 
run  to  the  north  westerly  corner  of  the  West  Ward, 
at  four  hundred  foot  beyond  low  water  mark;  and 
from  thence  along  the  bounds  of  the  said  West  Ward, 
till  it  comes  to  the  south-westerly  end  thereof;  and 
from  thence,  still  along  the  bounds  of  the  West 
Ward,  through  the  street  by  the  parade,  and 
through  Beaver-street,  and  New-street  to  the  place 
where  the  said  South  Ward  began. 

Bounds  of  the  The  Dock  Ward,  to  begin  at  the  middle  of  Wall- 

Dock  Ward.  .  * 

Street,  directly  opposite  to  the  middle  of  the  north 

end  of  Broad  street,  and  from  thence  down  through 
the  middle  of  Wall-street  until  it  comes  to  the  mid¬ 
dle  of  Smith-street;  thence  down  through  the  middle 
of  Smith-street  to  a  place  called  Marten  Clock’s  Cor¬ 
ner,  including  the  small  street  between  the  house 
late  of  the  said  Marten  Clock  and  the  Slip,  and  so 
to  continue  and  run  a  line  as  the  said  small  street 
runs,  into  the  East  River,  four  hundred  foot  below 
low  water-mark,  thence  running  westerly,  keeping 
four  hundred  foot  below  low  water-mark,  till  it 
comes  to  the  bounds  of  the  South  Ward,  and  from 
thence  along  the  bounds  of  the  South  Ward,  up  the 
middle  of  Broad-street,  to  the  place  where  the  said 
Dock  Ward  began. 


JOHN  MONTGOMERIE,  ESQ  GOVERNOR. 


45 


‘The  East  Ward  to  begin  at  the  north  easterly  £oun^  °rf 
corner  of  the  Dock  Ward,  in  the  middle  of  Smith- 
street,  and  so  run  from  thence  up  through  the  mid¬ 
dle  of  the  said  street,  till  it  comes  directly  opposite 
to  the  middle  of  the  north  easterly  end  of  Golden- 
Hill  street;  and  from  thence  to  run  down  through 
the  middle  of  the  said  street  to  the  mi  Idle  of  the 
southeasterly  end  thereof;  and  from  thence  to  run 
through  the  middle  of  Rodman’s  Slip  to  the  East 
River ;  and  from  thence  to  continue  and  run  a  line 
as  the  said  slip  runs,  into  the  East  River,  four  hun¬ 
dred  foot  below  low  water-mark ;  thence  running 
westerly,  keeping  four  hundred  foot  be'ow  low  water¬ 
mark,  till  it  comes  to  the  south  easterly  end  of  the 
Dock  Ward;  and  so  along  the  bounds  of  the  Dock 
Ward,  up  through  the  middle  of  Smith-street,  to 
the  place  where  the  East  Ward  began. 

The  Noith  Ward,  to  begin  where  the  East  Ward  Bounds  of  the 
begins,  in  the  middle  of  Smith  street,  and  so  to  run 
from  thence  through  the  middle  of  the  said  street  so 
far  as  it  runs,  and  so  to  continue  a  line,  from  the 
end  of  the  said  stieet,  as  the  street  runs  to  the 
south  side  of  the  creek  that  runs  from  fresh  water 
into  the  East  River;  and  from  thence  running  a 
north  course  till  it  comes  to  the  bounds  of  the  West 
Ward;  and  from  thence  running  along  the  bounds 
of  the  said  West  Ward  towards  Spring  garden,  and 
all  along  the  rear  of  the  houses  fronting  the  Broad- 
Way,  and  so  still  along  the  bounds  of  the  said  West 
Waid,  to  the  middle  of  Wall-street,  where  the 


46  CHARTER  OP  THE  CITY  OP  NEW-YORK# 

West  Ward  runs  across  the  same ;  and  from  thence 
down  the  middle  of  Wall  street,  along  the  bounds 
of  the  South  Ward,  and  the  Dock  Ward,  to  the 
place  where  the  said  North  Ward  began,  including 
in  the  same  ward,  the  Powder- House,  the  City- 
Hall,  and  the  Presbyterian  Meeting-House. 

Bounds  of  Montgomerie  Ward  to  begin  at  the  south  eas- 

Montgomerie 

Ward.  terly  corner  of  the  East  Ward,  opposite  to  Rod* 

man’s-Slip,  four  hundred  foot  below  low  water-mark, 
in  the  East  River,  and  from  thence  to  run  along  the 
bounds  of  the  East  Ward,  to  and  through  the  middle 
of  Rodman’s  Slip,  and  all  through  the  middle  of 
Golden-Hill  street,  till  it  meets  with  the  boundaries 
of  the  North  Ward,  and  the  middle  of  Smith-street, 
and  so  along  the  bounds  of  the  North  VVaid,  through 
the  middle  of  Smith  street  to  the  rivulet  that  runs 
from  fresh  water  into  the  East  River;  from  thence 
along  the  said  rivulet  so  far  as  it  goes,  till  it  empties 
itself  in  the  said  East  River ;  and  from  thence  to  run 
a  south-east  line,  four  hundred  foot  beyond  low- 
water-mark,  into  the  said  East  Rivet,  and  from 
thence  running  westerly,  keeping  four  hundred 
foot  beyond  low  water  mark,  to  the  place  where  the 
said  Montgomerie  Ward  began. 

Bounds  of  the  The  ^ut  ^ar<^  t0  begin  at  the  north-westerly  cor* 

Out  Ward,  ner  of  the  South  Ward,  at  low-water-mark,  on  the 
west  side  of  the  North  River,  over  against  Besta* 
ver’s  Killitie  or  rivulet,  and  from  thence  to  run  up 
along  the  west  side  of  the  said  river,  at  low  water¬ 
mark,  until  it  comes  directly  opposite  to  the  river 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


47 


creek,  or  run  of  water,  called  Spyt  den  Dvyvel , 
over  which  King’s-Bridge  is  built;  and  from  thence 
to  run  to  the  said  creek,  or  river,  to  the  Westches¬ 
ter  side  thereof,  at  low  water-mark,  and  so  to  run 
along  the  said  river,  creek,  or  run  on  Westchester 
side,  at  low  water  mark,  into  the  East  River,  or 
Sound,  and  from  thence  to  cross  over  to  Nassau- 
Island,  to  low  water-mark  there,  including  Great- 
Barn-Island,  Little  Barn-Island,  and  Manning’s- 
Island,  and  from  thence  along  Nassau-Island  shore, 
at  low  water  mark,  to  the  hounds  of  the  South  Ward; 
and  from  thence  along  the  bounds  of  the  South  Ward, 
the  Dock  Ward,  the  East  Ward,  and  Montgomerie 
Ward,  to  the  place  where  the  said  Montgomerie  Ward 
and  the  NorthWard  meet,  at  tlie  rivulet  that  runs 
from  fresh  water,  and  so  to  run  a  North  course  as  the 
said  North  Ward  runs,  till  it  comes  to  the  bounds  of 
the  West  Waid  ;  and  from  thence  along  the  bounds  of 
the  West  Ward  to  the  north-westerly  corner  thereof, 
at  four  hundred  foot  beyond  low-water  mark,  near 
Bestaver’s  KiMitie,  or  Rivulet;  and  from  thence 
alone:  the  hounds  of  the  South  Ward  to  the  place 
where  the  said  Out  Ward  began. 

snd  we  (In  Jurl  far,  of  our  special  grace,  certain  Grant  that 

there  be  for- 

knowledge,  and  meer  motion,  for  us,  our  heirs,  and  ever,  one  May- 
successors,  will,  ordain,  give,  and  grant,  that  there  er,’ seven Tlder- 
be.  and  forever  hereafter  shall  and  may  be  one  SSants^on  *** 
Mayor,  one  Recorder,*  seven  Aldermen,  seven  As- shenfrs  onP  co 


*  There  are  now  firteen  Aldermen,  fifteen  Assistants,  thirty  As¬ 
sessors  fifteen  Collectors,  aod  thirty  Constables,  inconsequence  of 
the  increase  in  the  number  of  the  Wards, 


48 


CHARTER  OF  THE  CITY  OF  NEW  YORK. 


ronpr.nnp  com-  sistants,  one  Sheriff,  one  Coroner,  one  Common 

mon  r  erk,  one  _ 

ch  n  erUii),  lerk,  one  Chamberlain,  one  High  Constable,  six- 

oru  iiitrh  con- 

Ptnh'e,  sixteen  teen  Assessors,  seven  Collectors,  sixteen  (  onsta- 
cnirri  Vs,  six  bles,  and  one  Marshal,  appointed,  nominated,  elect- 
b  »  «  *  mi* one  chosen,  and  sworn,  in  and  for  the  said  city  of 

marshal.  jy(  w  York,  ancj  f|ie  precincts,  and  limits  thereof;  out 
of  the  fiee  holders  or  freemen,  inhabitants  of  the  said 
city,  in  manner  and  form  as  hereinafter  is  particu¬ 
larly  mentioned  :  And  for  the  better  execution  of 
our  will,  gift,  and  grant  in  this  behalf,  we  have  as¬ 
signed,  named,  constituted,  and  made,  and  by 
these  presents,  for  us  our  heirs,  and  successors,  do 
assign,  name,  constitute,  and  make,  our  well  be- 
Mayor named,  loved  Robert  Lu> thing,  esq  to  be  the  present  Mayor, 
of  the  same  city,  to  do  and  execute  all  things,  which 
unto  the  office  of  Mayor  of  the  said  city,  doth  or  may 
belong,  or  in  any  wise  appertain.  And  wc  do  more - 

Power  to  make  over,  for  us,  our  heirs,  and  successors,  give,  grant, 
one  of  the  Al¬ 
dermen  his  de  ratify,  and  confirm,  unto  the  saitj  Mayor  of  our  said 

Govemo '"shall  city  of  iSew  York,  and  to  his  successors,  and  to  the 

appiove  of.  j\]  ay or  of  the  said  city,  for  the  time  being,  and  to 

each  of  them,  forever,  full  power  and  authority  to 

depute  and  appoint  one  of  the  Aldermen  of  the  said 

city,  for  the  time  being,  to  be  approved  of  by  the 

Governor,  or  Commander  in  Chief  of  the  said  pro- 

Who  shall  act  vince,  for  the  time  being  in  the  (dace  of  the  Mayor 
asmayorinthe  .  ,  .  ,  ,  .  \ 

sickness  or  ah- of  the  said  city,  for  the  time  being;  and  as  his  de- 

Mayor.1  tle  puty,  in  all  matters  and  respects,  to  act  and  do  all 
things,  which  to  the  office  of  the  Mayor  of  the  said 
city,  within  the  limits,  liberties,  and  precincts  there¬ 
of,  do,  or  ought  to  belong  during  the  sickness,  or  in 
the  absence,  of  the  said  Mayor,  for  the  time  being. 


JOHN  montgomerte,  esq.  governor. 


49 


And  we  do  hereby  Will  and  Grant ,  That  every  Power  to  the 

...  dePu*y  mayor, 

such  deputy  or  person  so  to  be  appointed  and  ap-  after  taking 

,  ~  r  ,  ,  ,  ,  ,  oath,  to  act  & 

proved  of,  alter  having  taken  such  oath.  as  herein  do  all  things 

after  is  directed,  for  every  such  deputy  to  take,  of 

shall  have  as  full  power  and  authority  to  act  and  n?ay°r  (in  the 

1  J  sickness  or  ab- 

do,  in  the  sickness  or  absence  of  the  Mayor  of8eDCeofthe 

,  •  .  "  Mayor.) 

the  said  city,  for  the  time  being,  all  and  singular, 

those  things  which  to  the  office  of  Mayor  of  the 

said  city  belongs,  or  shall  belong,  or  appertain, 

to  all  intents  and  purposes,  as  the  Mayor  of  the 

said  city,  for  the  time  being,  by  virtue  of  these 

presents,  or  otherwise,  hath,  shall,  or  ought  to 

have.  And  we  do  further ,  for  us,  our  heirs,  and  If  any  Mayor 
•  ■ ,  .  •  ,  .  ,  .  .  .die  before  an* 

successors,  will,  ordain,  and  grant,  that,  m  case  it  other  be  ap- 

should  happen  that  the  present  Mayor  of  the  said  pomted* 
city,  or  any  of  his  successors,  or  any  of  the  May¬ 
ors  of  the  said  city,  for  the  time  being,  should 
happen  to  die  before  any  other  fit  person  shall  be 
appointed  and  sworn  Mayor  of  the  said  city,  in 
their  respective  rooms  and  places,  then,  and  in 
every  such  case,  upon  the  deatli  of  such  Mayor,  thPn  thedepu- 
such  Aldermen  for  the  time  being  (who  shall  have  ty  ma^or  t(?  be 

°  v  mayor  until 

been  so  appointed  and  approved  of  as  aforesaid,  au?ther  be  ap¬ 
pointed  and 

to  act  in  the  place  of,  or  as  deputy  to,  such  May- sworn, 
or)  shall  be,  and  he  is  hereby  appointed  and  de¬ 
clared  Mayor  of  the  said  city,  and  to  continue 
and  be  continued  in,  and  to  execute  the  same  of¬ 
fice  of  Mayor  of  the  said  city,  from  the  death  of 
such  Mayor  so  dying,  until  another  fit  person  shall 
be  appointed  and  sworn  Mayor  ol  the  said  city5 
in  such  manner  as  in  and  by  these  presents  is  here* 


50 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


Recorder 

named. 


after  directed  for  the  respective  Mayors  of  the  said 
city,  to  be  appointed  and  sworn,  and  so  as  often  as 
such  case  shall  happen. 

And  further  ice  have  assigned,  ordained,  named, 
and  constituted,  and  by  these  presents  do,  for  us, 
our  heirs,  and  successors,  assign,  ordain,  name, 
and  constitute,  our  trusty  and  well  beloved  Fran¬ 
cis  Harrison ,  esq.  (one  of  our  Council  of  our  said 
province  of  ISew  York)  to  be  the  present  Recorder 
of  our  said  city,  to  do  and  execute  all  things,  which 
unto  the  office  of  Recorder  of  the  said  city  doth  or 
may  belong,  or  in  any  manner  appertain,  and  to 
continue,  and  be  continued  in,  and  to  execute  the 
said  office,  until  another  fit  person  shall  be  appoint- 
Govcrnor  to  ed  and  sworn  in  the  office.  AISD  We  do  hereby 
corder  at  plea-  appoint,  I  hat  the  Governor  or  Commander  in  Chief 
for  the  said  province,  for  the  time  being,  at  any 
time  or  times,  when,  and  as  often  as  they  or  each 
of  them  think  fit,  may  displace  and  remove  the  pre¬ 
sent  Recorder,  or  any  other  Recorder,  hereafter  to 
be  appointed. 

And  we  do,  for  us,  our  heirs,  and  successors, 
assign,  name,  constitute,  and  appoint,  John  Cruger, 
Harmanus  Van  Gelder,  Frederick  Phillipse,  Ge¬ 
rardus  Stuyvansant,  Anthony  Rutgers,  John  Rose- 
velt,  and  Johannes  Hardenbrook,  esqrs.  citizens 
and  inhabitants  of  the  said  city  of  New-York ,  to 
be  the  present  Aldermen  of  the  said  city ;  and 
Egbert  Van  Borssom,  Samuel  Kip,  John  Cham¬ 
bers,  John  Moore,  Isaac  De  Peyster,  Petrus  Rut¬ 
gers,  and  Gerardus  Beekman,  gents,  to  be  the 
present  assistants  of  the  said  city,  to  wit;  The 


Aldermen 

named. 


Assistants 

named. 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


51 


said  John  Cruger,  to  be  Alderman,  and  John 

Moore,  to  he  Assistant,  for  the  Dock  Ward  of  And  for  what 

wards. 

the  said  city;  Harmanus  Van  Gelder,  to  be  Alder¬ 
man,  and  John.  Chambers,  to  be  Assistant,  for  the 
W  est  Ward  of  the  said  city;  Col.  Frederick  Phil- 
lipse,  to  be  Alderman,  and  Isaac  De  Peyster,  to  be 
Assistant,  for  the  South  Ward  of  the  said  city;  Ge¬ 
rardus  Siuyvesant,  to  be  Alderman,  and  Samuel 
Kip,  to  be  Assistant,  for  the  Out  Ward  of  the  said 
city;  Anthony  Rufgers,  esq.  to  be  Alderman,  and 
Egbert  Van  Borssom,  to  be  Assistant,  for  the  North 
Ward  of  the  said  city  ;  John  Rosevelt,  to  be  Aider- 
man,  and  Petrus  Rutgers,  to  be  Assistant,  for  the 
East  Ward  of  the  said  city ;  Johannes  Harden- 

brook,  to  be  Alderman,  and  Gerardus  Beekman,  to  .  .  . 

1  7  Chamberlain 

be  Assistant,  for  Montgomery  Ward  of  the  said  named, 
city. 

And  we  do ,  also,  hereby  nominate  and  appoint  Sheriff,  cor- 
Cornelius  De  Peyster,  to  be  the  present  (  ham ber-  stable  and  mar" 
lain  and  Treasurer  of  the  city  aforesaid;  Colonel shal* 

Henry  Beekman  to  be  the  present  Sheriff  of  the 
said  city  ;  Ri  :hard  Nichols,  gent  to  be  the  present 
Coroner  of  the  said  city  ;  Edmund  Peers,  to  be  the 
present  High  Constable,  and  Robert  Crannel,  to  be 
present  Marshal  of  the  said  City. 

And ,  also.  We  do  hereby  nominate  and  appoint  Assessors 
John  Le  Montes,  David  Abeel.  Assessors,  Nicho-  and 

las  Van  Taerling,  Collector,  and  John  Scott,  Con-  named,  and  for 
stable,  for  the  South  Ward  of  the  said  city;  John 
Thurman,  and  John  Bogart,  Assessors,  and  John 
Pearse,  Collector  for  the  West  Ward  of  the  said  city; 

Gerardus  Duyckinck,  and  Simeon  Soumain,  As- 


t 


32 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


sessors,  George  Brinckerhoof,  Collector,  and  Chris¬ 
topher  Nicholson,  Constable,  of  the  Dock  Ward  of 
the  said  citv;  John  Brown  and  Nathaniel  Marston, 
Assessors,  Peter  Noxen,  Collector,  and  Timothy 
Bontecou,  Constable,  of  the  North  Ward  of  the  said 
city;  John  Pintard  and  Peter  Van  Dyck,  Assessors, 
Ebenezer  Grant,  Collector,  and  John  Abrahamson, 
Constable,  of  the  East  Ward  of  the  said  city  ;  Jaco¬ 
bus  Kip,  Assessor,  and  Cornelius  Cousine,  Collec¬ 
tor,  for  the  Bowery  Division  of  the  Out  Ward  ;  and 
Barent  Waldren,  Assessor,  Derick  Bensing,  Col¬ 
lector,  and  A  rent  Bussing,  Constable,  for  the  Har¬ 
lem  Division  of  the  said  Out  Ward. 

Within  forty  j\n,i  WP  d0,  hereby  appoint,  order,  and  direct,  that 

days  other  col-  _  ‘ 

lectors,  asses  within  forty  days  after  the  date  hereof,  the  freemen 
stabies,  to  be  of  the  said  city  being  inhabitants  in,  and  the  freehold- 
chosen.  ers  of  each  respective  ward  in  the  said  (city,  may 

and  shall  assemble  themselves  and  meet  together, 
at  such  time  and  place,  in  each  of  the  said  wards, 
as  each  respective  Alderman,  for  each  respective 
ward,  shall  appoint,  and  then  and  there,  by  plurality 
of  their  voices  or  votes,  to  elect  and  choose  out  of 
the  inhabitants  of  each  respective  ward,  being  free¬ 
holders  there,  or  freemen  of  the  said  city,  the  seve¬ 
ral  officers  following,  to  wit,  one  other  Constable 
And  for  what  f°**  the  South  Ward;  one  other  Constable  for  the 
West  Ward;  one  other  Constable  for  the  Dock 
Ward:  one  other  Constable  for  the  East  Waid- 

7  j 

two  Assessors,  one  Collector,  and  two  Constables 
for  Montgomerie  Ward  ;  and  two  other  Assessors, 
$nd  three  other  Constables,  for  the  Out  Ward,  to  wit ; 


Wards. 


JOHN  MONTGOMERTE,  ESQ.  GOVERNOR. 


r,3 


one  other  Assessor,  and  two  Constables,  for  the  Bow- 
ry  Division,  and  one  other  Assessor,  and  one  other 
Constable,  for  the  Harlem  Division  of  the  said  Out 
Ward.  And  we  do ,  hereby  will  and  ordain,  that  Officers  to 
each  and  every  of  the  before  named  Mayor,  Alder- ta^ean  0dth’ 
men,  Assistants,  Chamberlain,  Coroner,  High  Con¬ 
stable,  and  Marshal,  and  all  and  every  the  before 
named  Assessors,  Constables,  and  every  other  As¬ 
sessor  and  Constable,  hereafter  to  be  chosen  for  any 
ward,  or  division  of  a  ward  in  the  said  city,  before 
next  Michaelmas  day  on  their  being  respectively 
sworn  into  their  respective  offices,  as  hereafter  is 
directed,  shall  continue  in  their  said  respective  offi¬ 
ces,  until  the  fourteenth  day  of  October,  next,  en-  And  to  con- 
.  i  -ii  tinue  until  14th 

suing  the  date  hereof,  and  from  thence  until  other  Oct.  in  their 

fit  persons  be  respectively  chosen  and  sworn  in  their  c,hLes' 
respective  rooms  and  places  in  manner  and  form,  as 
is  hereinafter  directed.  And  we  do  also  further  or¬ 
dain,  order,  and  declare,  for  us,  our  heirs,  and  suc¬ 
cessors,  that  as  well,  the  before  named  Sheriff,  as  Sheriff  to  enter 

into  bond  in 

every  other  person  and  persons  hereafter  to  be  ap-  10001.  penalty 
pointed  for  or  to  the  office  of  Sheriff  of  the  said  city,  ecut.on  onihT 
before  lie  or  they  be  permitted  to  exercise  the  said 
office,  shall  each  of  them  give  and  enter  into  bond, 
to  us,  our  heirs,  and  successors,  with  two  or  more  suf¬ 
ficient  sureties,  in  a  penalty  not  less  than  one  thou¬ 
sand  pounds,  conditioned  for  the  faithful  and  due 
execution  of  his  said  office,  in  such  manner  as  the 
Governor  or  Commander  in  Chief  of  the  said  pro¬ 
vince  of  New-York,  for  the  time  being,  shall  think 
fit  and  appoint :  And  the  before  named  Sheriff  on 


54 


CHARTER  OP  THE  CITY  OP  NEW-YORK. 


his  giving  such  security,  and  having  taken  such  an 
oath  as  hereafter  is  directed,  shall  continue  in  his 
said  office,  until  the  fourteenth  day  of  October,  next 
ensuing,  and  from  thence  until  another  fit  person  is 
appointed  and  sworn  into  the  said  office,  and  has 
given  such  security  as  aforesaid. 

And  we  do  hereby  further ,  for  us,  our  heirs,  and 
Governor  to  successors,  appoint,  and  ordain,  that  the  Governor’ 
Mayor, thc  or  Commander  in  Chief  of  the  said  province  of 
New-York,  for  the  time  being,  by  and  with  the  ad¬ 
vice  of  the  council  ol  us,  our  heirs,  and  successors, 
for  the  said  province,  for  the  time  being,  from  time 
to  time,  shall  have  full  power  and  authority,  on 
the  feast  day  of  St.  Michael ,  the  Arch  Angel,  in 
every  year,  forever  hereafter,  to  name  and  appoint, 
and  can,  shall  and  may  name  and  appoint,  a  dis¬ 
creet  and  fit  person  of  the  freeholders,  freemen,  or 
inhabitants  of  the  said  city,  to  be  Mayor*  of  the  said 
city;  and  one  other  fit  and  able  person,  one  of  the 
freeholders  or  freemen,  being  an  inhabitant  of  the 
said  city,  to  be  Sheriff  of  the  said  city ;  and  one 
oner1,ffyear]y>.r  other  such  person,  to  be  Coroner  of  the  said  city, 

,  all  for  the  ensuing  year  f  And  also,  that  on  the  said 
Freemen,  and 

freeholders  to  feast  day  of  St.  Michael ,  the  Arch-Angel,  in  every 

men,  assistants,  year,  forever  hereafter,  the  freemen  of  the  said  city, 

constables, aDd  being  inhabitants,  and  the  freeholders  of  each  res- 

feas^ofTt  ^  Pect*ve  ward  in  the  said  city,  shall  and  may  assem- 
MichaeL 


*  The  Mayor  is  now  appointed  by  the  Common  Council,  and  the 
Sheriff  elected  by  the  people. 

f  Our  Charter  Elections  are  now  held  on  the  Second  Tuesday  in 
April,  and  the  elective  franchise  is  extended. 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR, 


55 


ble  themselves  and  meet  together,  at  such  time  of 
the  day,  and  such  public  place  in  each  of  the  said 
wards,  as  each  respective  Alderman,  for  each  re¬ 
spective  ward,  for  the  time  being,  shall  appoint ;  and 
then  and  there,  by  plurality  of  their  voices  or  votes, 
to  elect  and  choose  out  of  the  inhabitants  of  each  re¬ 
spective  ward,  being  freeholders  thereof,  or  freemen 
of  the  said  city  (except  the  Out  Ward)  for  the  en¬ 
suing  year,  one  Alderman,  and  one  Assistant,  two 
Assessors,  one  Collector,  and  two  Constables;  and 
for  the  said  Out  Ward,  four  Assessors,  two  Collec¬ 
tors,  and  four  Constables,  to  wit:  two  Assessors, 
one  Collector,  and  two  Constables,  for  each  division 
of  the  said  ward.  And  also ,  That  the  Mayor  of  the  The  mayor  & 
said  city,  for  the  time  being,  and  four  or  more  Al-  aldermen  "and 
dermen,  and  four  or  more  of  the  Assistants  of  the 
said  city,  for  the  time  being,  on  the  least  dav  of  St.  bprlain  y^T}y* 

Michael  the  Arch  Angel,  in  every  year  forever  here  St.  Michael, in 

common  conn- 

after,  shall  and  may  in  common  council,  name  and  cil, 
appoint  one  fit  person,  being  a  freeholder,  or  freeman, 
and  an  inhabitant  of  the  said  city,  to  be  treasurer*1 
or  chamberlain  of  the  said  city,  for  the  year  ensuing ; 
and  also  that  on  the  same  day  in  every  year,  for 
ever  hereafter,  the  Mayor  of  the  said  city,  for  the 
time  being,  shall  name  and  appoint  one  other  of  the 
said  inhabitants,  being  a  freeholder  or  freeman  of 

the  said  city,  to  be  High  Constable  of  the  said  city, 

» 

for  the  year  ensuing ;  every  of  which  persons,  so  to 


*  The  Treasurer  is  appointed  by  the  Common  Conned, 


j6 


CHARTER  OP  THE  CITY  OP  NEW-YORK. 


And  the  mayor 
then  to  appoint 
the  high  con¬ 
stable. 

Officers  to 
take  an  oath  on 
the  1 4th  of  Oct 
after  being  ap¬ 
pointed  and 
chosen. 


And  continue 
till  others  be 
chosen  in  their 
rooms. 


Sheriff  at  the 
same  time  to 
give  Bond,  and 
be  sworn. 


be  named  for  Mayor,  Coroner,  High  Constable,  or 
Chamberlain,  or  so  to  be  elected  for  Alderman,  As¬ 
sistant,  Assessor,  or  Constable,  on  the  feast  day 
of  St.  Michael ,  shall  on  the  fourteenth*  day  of  Oc¬ 
tober  then  next  ensuing  their  nomination,  or  election 
respectively,  take  the  respective  oaths  hereinafter 
appointed  for  them  respectively  to  take,  in  such  man¬ 
ner  and  form  as  hereinafter  is  directed,  and  shall 
continue  in  their  said  respective  offices,  from  their 
being  so  respectively  sworn,  until  other  fit  persons 
be  respectively  named  or  elected,  and  sworn  in  their 
respective  rooms  and  places.  And  aim ,  That  every 
person  so  to  be  named  for  Sheriff,  on  the  said  feast 
day  of  S *.  Michael ,  shall  on  the  fourteenth  day  of 
October,  then  next  ensuing  his  nomination,  take 
such  oath  as  is  hereafter  appointed  for  each  Sheriff 
to  take,  and  shall  give  such  security  as  is  hereinbe¬ 
fore  appointed  for  each  Sheriff  to  give,  and  shall  re¬ 
main  in  the  said  office,  from  the  time  of  his  being  so 


sworn  and  giving  such  security,  until  another  fit  per¬ 
son  shall  he  appointed  and  sworn  into  the  said  office, 
and  shall  have  given  such  securi  y  as  aforesaid.  And 

ri^orCoroner, Wf>  (^°  jurt^i‘rt  f°r  us*  our  heirs  and  successors, 
dyi>  g,  before.  appoint  and  ordain,  that  if  it  should  happen  that 

others  named  *  *  ri 

and  put  in  their  either  the  Mayor,- Sheriff,  or  Coroner,  of  the  said 

rooms,  the  (jo-  * 

vernor  to  ap  city,  for  the  time  being,  at  any  time  (before  other 
point  others.  „  ,  , 

fit  persons  be  so  as  afoiesaid  respectively  named  and 

sworn,  in  their  respective  100ms)  should  happen  to 


*  Charter  Officers  are  now  sworn  on  the  second  Tuesday  in  May 
except  the  Mayor,  Retoider,  sheriff,  or  Coroner,  who  may  be  sworn 
into  office  at  any  time. 


JOHN  MONTOOMFRIF,  ESQ.  GOVBBNOR. 


die,  then,  and  so  often  as  it  shall  so  happen,  it  shall 
and  may  be  lawful  for  the  Governor  and  Comman¬ 
der  in  Chief  of  the  said  province,  for  the  time  Leing, 
by  and  with  the  advice  of  the  said  council  for  the 
said  province,  for  the  time  being,  m  some  conveni¬ 
ent  time  thereafter,  to  name  and  appoint  some  fit 
and  discreet  person,  being  an  inhabitant,  freeholder, 
or  freeman  of  the  said  city,  to  he  Mayor  of  the  said 
city  in  the  room  of  such  Mayor  so  dying;  and  one 
other  fit  and  able  person,  as  aforesaid,  to  he  She¬ 
riff  of  the  said  city,  in  the  loom  of  such  Sheriff  so 
dying;  and  one  other  fit  person  as  aforesaid,  to  he 
Coroner  of  the  sa’d  city,  in  the  room  of  such  Coroner 
so  dying;  and  that  every  such  person,  so  to  be  whoshalltake 
named  Mayor,  after  having  taken  such  oath,  as  is  ^hen^to  give 
hereby  appointed  for  each  Mayor  to  take,  shall  re-  SPC^'|yt’0  xe. 

main  in,  and  execute  the  said  office  of  Mayor  of  the  cute  their  res- 

pective  offices^ 

said  city,  until  the  14th  day  of  October  then  next  en¬ 
suing,  and  until  another  fit  person  be  named  and 
sworn  into  the  said  office  of  Mayor  of  the  said  city  ; 
and  every  such  person  so  to  be  named  Sheriff,  after 
having  sworn  and  given  such  security,  as  is  hereby 
appointed  for  each  Sheriff  to  do,  shall  have,  exercise, 
and  remain  in  the  said  office  of  Sheriff  of  the  said 
city,  until  the  14th  day  of  October,  then  next,  and 
until  another  fit  person  be  named  and  sworn  in  the 
said  office  of  Sheriff,  and  shall  have  given  such  se¬ 
curity  as  herein  before  is  appointed  for  each  Sheriff 
to  give,  and  every  person,  so  to  be  named  Coro¬ 
ner,  after  having  taken  sucli  oath  as  appointed 

8 


CHARIER  OF  I'HE  CUT  OF  NEW-YORR. 


58 


hereby  for  each  Coroner  to  take,  shall  exercise  and 
remain  in  the  said  office  of  Coroner  of  the  said  city, 
until  the  14th  day  of  October,  then  next,  and  until 
another  fit  person  be  named  and  sworn  into  the 
office  of  Coroner  of  the  said  city. 

And  we  do  moreover ,  for  us,  our  heirs,  and  succes¬ 
sors,  will,  and  by  these  presents  grant  to  the  said 
Mayor,  Aldermen,  and  Commonalty  of  the  city  of 
New- York,  and  to  their  successors  forever,  that  if  it 
should  happen  any  of  the  present  named  Aldermen, 
or  Assistants,  Assessors,  Collectors,  or  Constables, 
If  any  Alder*  or  anyone  of  the  Aldermen,  Assistants,  Assessors, 

orother  inferi-  Collectors,  or  Constables,  hereafter  to  be  elected 

or  Officers  die  ,  .  ,  .  . 

before  others  and  sworn,  or  to  be  sworn  into  their  respective  of- 

we  elected.  ficeg  as  shall  happen  to  die,  or  remove 

out  of  the  said  city,  within  the  time  they  are,  or 
shall  be  respectively  named  or  elected  for,  or  before 
other  fit  persons  be  respectively  named  or  elected, 
and  sworn  in  their  respective  rooms,  it  shall  and 
may  be  lawful  for  the  freemen,  being  inhabitants  in, 
and  the  freeholders  of  each  respective  ward,  for 
which  such  Alderman,  Assistant,  Assessor,  Collec¬ 
tor,  or  Constable,  so  dying  or  removing,  had  been 
named  or  chosen  for,  to  assemble  and  meet  together, 
at  such  time  and  place,  in  the  said  respective  ward, 
as  shall  be  appointed  by  the  Mayor  of  the  said  city, 
for  the  time  being,  or  his  deputy,  and  then  and  there, 
by  plurality  of  voices  or  votes  of  the  freemen,  being 
inhabitants  in,  and  the  freeholders  of  such  ward,  to 
elect  one  of  the  inhabitants  of,  and  being  a  freehold- 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


er  in  such  ward,  or  freeman  of  the  said  city,  to 

serve  as  Alderman,  Assistant,  Assessor,  Collector,  others  in  their 

rooms. 

or  Constable,  for  the  said  ward,  in  the  room  of  such 
Alderman,  Assistant,  Assessor,  Collector,  or  Con¬ 
stable,  so  dying  or  removing;  and  so,  as  often  as 

such  cases  shall  happen.  And  in  case  the  present  chamber¬ 

lain  die  helore 

named,  or  any  future  Chamberlain,  or  any  High  another  be  ap- 

y-,  ii/,,  .  ,  .  ,  _  ,  pointed  in  his 

Constable  of  the  said  city,  hereafter  to  be  appointed,  room,  or  re- 

,  .  .  moveontof  the 

so  sworn,  or  to  be  sworn  in  their  respective  offices  cjty.  the  com- 

aforesaid,  should  happen  to  die,  or  remove  out  of  the  fp^inT^an-*0 
said  city,  within  the  time  they  were  or  shall  be  re- ottier* 
spectively  appointed  for,  it  shall  be  lawful  for  the 
Mayor  of  the  said  city,  for  the  time  being,  or  his  de¬ 
puty,  and  four  or  more  Aldermen,  and  four  or  more 
Assistants,  for  the  said  city,  for  the  time  being,  in 
Common  Council,  to  appoint  another  fit  person  to  be 
Chamberlain  in  the  room  of  such  Chambeilain  so 
dying  or  removing  ;  and  for  the  Mayor  cf  the  said  And  the  May- 
city,  for  the  time  being,  to  appoint  another  fit  person  another3'  H°i§h 
to  be  High  Constable  in  the  room  of  such  High  Con-  case*1©?  death 
stable  so  dying  or  removing,  and  so  as  often  as  such  or  removal- 
cases  shall  happen  And  all  and  ev.gry  such  person  All  which  per- 
and  persons  so  to  be  newly  chosen  or  appointed  Al-  tyTo  be°elect«£ 
derman,  Assistant,  Assessor,  Collector,  Constable,  t°dta^pp°thie(1 
Chamberlain,  or  High  Constable,  shall  serve  in  their  oaths  except 

.  ’  the  collector.) 

respective  offices,  until  other  fit  persons  be  respec¬ 
tively  chosen,  or  appointed,  and  sworn,  in  their  re¬ 
spective  rooms,  each  of  them  (except  the  Collector) 
first  taking  such  oaths  as  hereafter  is  appointed  for 

r 

each  of  them  respectively  to  take. 


60 


CHARTER  or  TETK  CI""Y  OF  NEW-YORK. 


If  any  free-  An  fI  we  do  furthrr.fi or  us,  cur  heirs,  and  succes- 
holdpr  or  fi>e-  - 

man  shaii  he  sors.  :rd&  i.  grant,  and  confirm,  unto  the  said  May- 

cho«vn  ^lder-  ,  . 

man,  assistant,  or  Aldermen,  and  Oommon.-uty  of  the  city  of  New- 

assessor,  eol  »T  *  .  »  •  ^  ,i  •  ** 

hcfor  or  con-  ‘  mn'c,  and  their  successors,  forever,  that  if  any  one 
pointed 'hM? p  (  •'  the  inhabitants  of  the  said  city  cf  New- York, 
constable  ud  he^:r  a  freeholder  rf  free  roan,  as  aforesaid,  shall 
thereof,  shad  hereafter  he  elated  or  chosen  to  the  office  of  Al- 

reiuse  to  do  or 

ser/e  for  -ch.it  derm  in ,  Assistant,  Assessor.  Collector,  or  Consta- 
he  is  chosen.  ,  ,  ,  .  .  ,  ,  ,,  , 

bK  <i-r  tffry  ward  in  me  said  city,  or  shall  be  ap¬ 
pointed  to  he  High  Constable  of  the  said  city,  and 
have  r*3fe<3D  of  his  said  electio  «,  shall  refuse,  deny, 
delay,  fjt  neglect,  to  take  upon  him  or  them  to  exe- 
•  cute  such  office,  to  which  he  or  they  shall  he  so 
The  common  rboseu  or  elected  for,  that  then  and  so  often  as  it 
council  to  nn«  g|r<1p  happen,  H  shall  ot:d  may  be  lawful  for  the 
exceeding;  fit-  Mayor,  or  hi§  Deputy,  or  Recorder,  and  any  four  or 

teen  pounds  to  J  *  J 

be  levied  and  more  c f  the  Afidermen,  a/:d  any  four  or  more  of  the 

F0C(iiv  ed. 

A*-siithnt«  of  the  said  city,  for  the  time  being,  in 
Common  Co»j&7  ‘l,  to  tax,  assess  and  impose,  upon 
every  S:w  person  or  persons,  so  refusing,  denying, 
delav  ing,  or  neglecting,  such  reasonable  and  mode¬ 
rate  fine  and  fines,  sum  and  sums  of  money,  as  they 
the  said  Mayor,  or  his  Deputy,  or  Recorder,  and 
any  four  or  more  Aldermen,  and  any  four  or  more 
Assistants,  in  Common  Council,  shall  think  fit,  so 
as  such  fine,  for  eaeh  refusal,  denial,  delay,  or  ne¬ 
glect,  shall  not  exceed  the  sum  of  fifteen  pounds 
current  money  «f  New-York;  all  which  said  fines 
shall  and  may  be  levied,  by  distress  and  sale  of  the 
goods  and  chattels  of  such  delinquent  and  delin¬ 
quents,  by  warrant  under  the  seal  of  the  said  city, 
signed  by  the  Mayor  thereof,  for  the  time  being, 


! 


I 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR.  6 1 

•  / 

rendering  the  surplusage  to  the  owner  or  owners 
thereof,  (if  any  be)  the  necessary  charges  of  making 
and  selling  such  distress  being  first  deducted,  or, 
by  action  of  debt,  in  any  court  of  record,  to  be  pro¬ 
secuted  or  anv  other  lawful  method  to  be  oh- 
tained  ;  and  shall  he  recovered  and  received  by,  and  To  the  use  of 
to  the  use  of  the  said  Mayor,  Aldermen,  and  Com-  tion,C01)0ra' 
monalty  of  the  city  of  New  York,  and  their  succes¬ 
sors  forever,  without  any  account  thereof  to  be  given 
to  us,  our  heirs,  or  successors,  or  to  any  of  the  offi¬ 
cers,  or  mini  ters  of  us,  our  heirs,  or  successors: 

And  upon  every  such  refusal,  or  neglect,  other  fit  And  others  to 
persons  to  be  elected  and  chosen,  in  the  room  and  theh^rooms! 
rooms  of  such  persons  so  neglecting,  or  refusing,  in 
such  manner,  as  is  before  directed,  or  appointed, 
for  electing  and  choosing  of  Aldermen,  Assistants, 

Assessors,  Coliectois,  and  Constables,  and  for  ap¬ 
pointing  a  High  Conatable,  upon  the  death  or  re¬ 
moval  of  any  of  them  respectively ;  and  so  as  often 
as  such  cases  shall  happm. 

And  we  do  hereby ,  for  us,  our  heirs,  and  successors,  If  the  day  of 
grant,  appoint,  and  ordain,  that  if  it  shall  happen,  m?.?kte"iug dd' 
that  the  day  or  days  appointed  for  the  naming,  ap-  suiidav  'the  a 
pointing,  electing,  or  choosing,  or  for  administering  sn*™dPe  l°n 
any  oath  or  oaths  to  any  of  the  officers,  or  minis- da?  lowing, 
ters,  of  the  said  corporation,  shall  happen  to  fall  on 
a  Sunday,  then,  and  in  such  case,  such  naming,  ap¬ 
pointing,  electing,  or  choosing,  so  to  be  made*  shall 
be  made,  and  such  oath,  or  oaths,  so  to  be  adminis¬ 
tered,  shall  be  administered  on  the  next  day.  and  so 
as  often  as  such  case  shall  happen, 


62 


CHARTER  OF  THE  CITY  OF  NEVY-YORK. 


And  further  we  do ,  of  our  especial  grace,  certain 
knowledge,  and  meer  motion,  for  us,  our  heirs, 
and  successors,  give,  grant,  ratify,  and  confirm,  un¬ 
to  the  said  Mayor,  Aldermen,  and  Commonalty  of 
the  city  of  New-York,  and  their  successors,  forever, 
The  Mayor  or  that  the  Mayor  or  Recorder,  with  foui*  or  more 

Recorder,  and 

four  or  more  Aldermen,  and  four  or  more  Assistants  of  the  said 
Aldermen,  with  .  c  .  . 

four  or  more  city,  for  the  time  being,  be,  and  shall  be  forever 
be  ?  common  hereafter,  called  the  Common  Council  of  the  city 
council.  of  JVew-York:  And  that  the  said  Common  Coun¬ 


cil  of  the  said  city,  for  the  time  being,  or  the  major 
part  of  them,  have  and  may,  and  shall  have  full 
power,  authority,  and  licence,  to  frame,  constitute, 
ordain,  make,  and  establish,  from  time  to  time,  all 
And  have  pow- such  laws,  statutes,  rights,  oidinances,  and  consti- 
laws.  tutions,  which  to  them,  or  the  greater  part  of  them, 

shall  seem  to  be  good,  useful,  or  necessary,  for  the 
good  rule  and  government  of  the  body  corporate 
aforesaid  ;  and  of  a!)  officers,  ministers,  artificers, 
citizens,  inhabitants,  and  residents,  of  the  said  city, 
within  the  limits  thereof,  and  for  declaring  how  and 
after  what  manner  and  order,  the  Mayor,  Recorder, 
Aldermen,  and  Assistants  of  the  said  city,  for  the 
time  being,  and  all  and  eveiy  of  their  officers  and 
ministers,  and  all  artificers,  inhabitants,  and  resi¬ 
dents  of  the  same  city,  and  their  factors,  servants, 
and  apprentices,  in  their  offices,  functions,  and  busi¬ 
ness,  within  the  said .  city  and  the  liberties  thereof, 
for  the  time  being,  and  from  time  to  time,  shall  use, 
carry,  and  behave  themselves ;  and  for  the  farther 


*  There  are  now  a  Board  of  Aldermen,  and  a  Board  of  Assistant 
Aldermen.  Eight  members  form  a  quorum  of  either  Board. 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR.  63 

public  good,  common  profit,  trade,  and  better  go¬ 
vernment  and  rule  of  the  said  city,  and  for  the  bet¬ 
ter  preserving,  governing,  disposing,  letting,  and  set¬ 
ting,  of  the  lands,  tenements,  possessions,  and  here¬ 
ditaments,  goods,  and  chattels,  to  the  aforesaid 
Mayor,  Aldermen,  and  Commonalty  of  the  said  city 
of  New-York  belonging,  or  to  them  and  their  suc¬ 
cessors  hereafter  to  belong,  and  all  other  things 
and  causes  whatsoever  touching  or  concerning  the 
said  city,  or  the  state,  right,  and  interest,  of  the 
same,  (provided  that  such  laws  be  not  contradictory 
or  repugnant  to  the  laws  or  statutes  of  that  part 
of  our  kingdom  of  Great  Britain  called  England,  Provided  such 

•  •  •  6yG*lciws  be 

or  of  our  said  province)  which  laws,  statutes,  or-  not  repugnant 
dinances,  and  constitutions,  so  to  be  made  as  afore-  Enghu^^or0' 
said,  may  be  and  remain  in  force  for  twelve  months  tllls,pr.ovince: . 
from  the  day  of  the  date  thereof,  and  no  longer,  Que  in  force 
unless  they  shall  be  allowed  of,  and  confirmed  by  from  the  date, 
the  Governor  and  Council  of  the  said  province,  for  uJilsT^pprov- 
the  time  being:  and  that  the  said  common  coun-  bydgoTernor 
cil  of  the  said  city,  for  the  time  being,  or  the  great-  an<1  councl1* 
er  part  of  them,  as  often  as  they  shall  make,  or¬ 
dain,  and  establish,  such  laws,  statutes,  rights,  or¬ 
ders,  and  constitutions,  in  form  aforesaid,  may 
make,  ordain,  limit,  and  provide,  such  and  the  like  Power  to  in- 
pains,  punishments,  and  penalties,  either  by  fines  on  Sho^wbo 
and  amerciaments,  or  bv  disfranchising  and  amov- sha^  Llsohiey 

7  *  °  such  bye  Jaws 

ing  from  the  liberties,  privileges,  immunities,  and  either  by  dis~ 

.  i  .  franchising  oi 

freedom  of  the  said  city,  or  by  either  of  them,  to-  fining. 

wards  and  against  all  and  every  person  that  shall 

offend  against  such  laws,  statutes,  rights,  orders, 

and  constitutions,  or  any  or  either  or  them,  as  by 


64 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


the  said  Common  Council,  or  the  major  part  of 
them,  shall  be  thought  necessary  and  requisite  to 
make,  ordain,  limit,  and  provide,  for  the  observa¬ 
tion  and  preservation  of  the  same  laws,  rights,  sta- 
Whioh  fines  tutes,  ordinances,  and  constitutions  ;  and  the  same 
derVhe  h-na  ^ncs  an(l  amerciaments  shall  and  may,  from  time  to 
Mayor  or*  He- !  time,  levy,  receive,  have,  and  recover,  either  by 

corner  or  any  distress  and  sale  of  the  goods  and  chattels  of  such 
one  of  tne  Al-  ° 

de'men  shall  delinquent  and  delinquents,  by  warrant  under  the 
use  o*  the  cor-  hand  and  seal  of  the  Mayor  or  Recorder,  or  any  one 
p  otion.  0f  trje  Aldermen,  for  the  time  being,  rendering  the 
suiplusage  to  the  owner  or  owners  thereof  (if  any 
be)  the  necessary  charges  of  making  and  selling 
such  distress,  being  first  deducted  ;  or  by  action  of 
debt,  in  any  court  of  record  to  be  prosecuted,  or  in 
any  other  lawful  method  to  be  obtained,  and  to  the 
use  of  the  said  Mayor,  Aldermen,  and  Commonalty 
of  the  city  of  New-York,  and  their  successors  for¬ 
ever,  without  any  account  thereof  to  be  given  to 
us,  our  heirs,  and  successors,  or  to  any  of  the  offi¬ 
cers  or  ministers  of  us.  or  our  heirs,  or  successors : 
all  and  singular,  which  laws,  statutes,  rights,  ordi¬ 
nances,  and  constitutions,  so  as  aforesaid  to  be 
made,  we  do,  for  ns,  our  heirs,  and  successors,  will 
to  be  observed,  under  the  pains,  penalties,  and  for¬ 
feitures,  in  the  same  contained.  And  we  do  further , 
of  our  especial  grace,  certain  knowledge,  and  meer 
motion,  for  us,  our  heirs,  and  successors,  give, 
grant,  ratify,  and  confirm,  unto  the  said  Mayor, 
Aldermen,  and  Commonalty,  of  the  city  of  !^ew- 
York,  and  their  successors  forever,  that  the  Com¬ 
mon  Council  of  the  said  city,  for  the  time  being,  or 


I 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR: 


65 


the  major  part  of  them,  shall  have  the  sole  power 
of  determining  and  deciding  all  elections  of  all  and 
every  their  officers  and  ministers,  hereafter  to  be 
chosen  and  elected  in,  or  for  the  said  corporation, 
or  any  part  thereof. 

Jlnd  we  do  hereby ,  for  us,  our  heirs,  and  succes¬ 
sors,  ordain,  declare,  give,  and  grant,  unto  the  said 
Mayor,  Aldermen,  and  Commonalty,  and  their  suc¬ 
cessors,  that  the  Common  Council  of  the  said  city 
shall  be  summoned,  called,  and  held,  from  time  to 
time,  so  often,  and  at  such  times  and  places,  as  the 
Mayor,  or  in  case  of  his  sickness  or  absence,  the 
Recorder  of  the  said  city,  for  the  time  being,  shall 
think  fit  to  appoint  or  direct ;  and  that  it  shall  and 
may  be  lawful  to  and  for  the  said  Common  Council 
of  the  said  city,  or  the  major  part  of  them,  to  assess 
and  lay  such  reasonable  fines  and  amerciaments  in 
and  upon  every  officer  and  member  of  the  body  cor¬ 
porate  aforesaid,  for  the  time  being,  who  after  hav¬ 
ing  had  due  notice,  or  being  duly  summoned  to  ap¬ 
pear  or  attend  at  any  such  Common  Council,  to  be 
held  for  the  said  city,  shall  neglect  so  to  do,  or  make 
default  therein,  or  shall  not  appear  or  attend  accord¬ 
ing  to  such  notice  or  summons,  in  that  behalf,  or 
shew  a  reasonable  cause,  by  the  said  Common  Coun¬ 
cil,  or  the  major  part  of  them,  at  their  discretion  to 
be  allowed,  and  so  as  often  as  such  case  shall  hap¬ 
pen,  so  that  no  such  fine  or  amerciament  for  any 
one  default  of  appearance  or  attendance  of  any  such 
officer  or  member  of  the  body  corporate  aforesaid, 
shall  exceed  the  sum  of  twenty  shillings,  in  the  man¬ 
ner  and  form  aforesaid,  to  be  levied,  and  by,  to,  and 

9 


Common 
Council  to  be 
called  by  the 
Mayor>  or  in 
case  of  his 
sickness  or  ab¬ 
sence,  by  the 
Recorder. 


Common 
Council  to  fine 
every  member 
who  shall  not 
attend  on  no¬ 
tice  given. 


Unless  he 
shew  a  reason¬ 
able  cause  to 
the  contrary. 


So  as  such  fine 
for  every  non- 
attendance  ex¬ 
ceed  not  20s. 


65 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


To  be  levied 
to  the  use  of 
the  corpora¬ 
tion. 


Power  to  the 
corporation  to 
establish  as 
many  ferries  as 
they  shall  think 
fit. 


And  to  lett, 
demise  and  dis¬ 
pose  thereof, 
and  receive  all 
fees  and  profits 
arising  there¬ 
from. 


for  the  use  of  the  Mayor,  Aldermen,  and  Common- 
ally,  of  the  said  city,  and  their  successors,  to  be 
recovered  and  received,  without  any  account  there¬ 
of  to  be  given  to  us,  our  heirs,  or  successors,  or  any 
of  our  or  their  officers  or  ministers.  And  ice  do  far¬ 
ther,  for  us,  our  heirs,  and  successors,  give,  grant, 
and  confirm,  unto  the  Mayor,  Aldermen,  and  Com¬ 
monalty,  of  the  said  city  of  New-York,  and  their 
successors  forever,  that  the  Common  Council  of  the 
said  city,  for  the  time  being,  or  the  major  part  of 
them  (but  no  other  person  or  persons  whomsoever 
without  the  consent,  grant,  or  licence,  of  the  said 
Common  Council  of  the  said  city,  for  the  time  being, 
or  the  major  part  of  them,)  from  time  to  time,  and 
at  all  times  hereafter,  shall  and  may  have  the  sole, 
full,  and  whole,  power  and  authority  of  settling,  ap¬ 
pointing,  establishing,  ordering,  and  directing,  and 
shall  and  may  settle,  appoint,  establish,  order,  and 
direct,  such  and  so  many  ferries,  round  Manhattan’s- 
Island,  alias  New-York-Island,  for  the  carrying 
and  transporting  people,  horses,  cattle,  goods,  and 
chattels,  from  the  said  Island  of  Manhattan’s  to 
Nassau-Island,  and  from  thence  back  to  Manhat¬ 
tan’s  ;  and,  also,  from  the  said  Island  Manhattan’s 
to  any  of  the  opposite  shores  all  round  the  same 
Island,  in  such  and  so  many  places  as  the  said  Com¬ 
mon  Council,  or  the  major  part  of  them,  shall  think 
fit,  who  have  hereby,  likewise,  full  power  to  lett, 
sett,  or  otherwise  dispose  of,  all  or  any  of  such  fer¬ 
ries,  to  any  person  or  persons  whomsoever  ;  and  the 
rents,  issues,  profits,  ferriages,  fees,  and  other  ad¬ 
vantages  arising  and  accruing  from  all  and  every 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR. 


67 


such  ferries ;  we  do  hereby  fully  and  freely  for  us, 
our  heirs,  and  successors,  give  and  grant  unto  the 
Mayor,  Aldermen  and  Commonalty,  of  the  city  of 
New-York  aforesaid,  and  to  their  successors  forever, 
to  have,  take,  hold,  and  enjoy  the  same,  to  their 
own  use,  without  being  accountable  to  us,  our 
heirs,  or  successors,  for  the  same  or  any  part 
thereof. 

And  we  do  further ,  for  us,  our  heirs,  and  succes¬ 
sors,  give,  grant,  ratify,  and  confirm,  unto  the  said 
Mayor,  Aldermen,  and  Commonalty,  of  the  city  of 
New-York,  and  their  successors  forever,  that  the 
Common  Council  of  the  said  city,  for  the  time  being, 
or  the  major  part  of  them,  have,  and  from  time  to 
time,  and  at  all  times  hereafter  forever,  shall  have 
full  power,  licence,  and  authority,  not  only  to  estab-  Power  to  com- 

lish,  appoint,  order,  and  direct,  the  making  and  council  to 
711  7  7  D  build,  repair, 

laying  out  of  all  other  streets,  lanes,  alleys,  high-  and  lay  out 

ways,  water-courses,  and  bridges,  not  already  made  hMnvays lanes> 

or  laid  out,  but  also  the  altering,  amending,  and  re-  streets>  and  al¬ 
leys. 

pairing  all  such  streets,  lanes,  alleys,  highways, 
water-courses,  and  bridges,  heretofore  made  or  laid 
out,  or  hereafter  to  be  made  or  laid  out,  in  and 
throughout  the  said  city  of  New-York,  and  the 
Island  of  Manhattan’s,  in  such  manner  as  the  said 
Common  Council,  for  the  time  being,  or  the  major 
part  of  them,  shall  think  or  judge  to  be  necessary 
and  convenient  for  all  inhabitants  and  travellers 
there. 

And  further ,  we  do  hereby,  of  our  especial  grace, 
certain  knowledge,  and  meer  motion,  for  us,  our 
heirs,  and  successors,  give,  grant,  ratify,  and  con- 


68 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


firm  unto  the  said  Mayor,  Aldermen,  and  Common¬ 
alty,  of  the  city  of  New-York,  and  their  successors, 
that  they  and  their  successors,  shall  and  may  have, 
Power  to  hold  hold,  and  keep,  markets,  at  five  several  places  (in 

every1 'liay^ex-  ^  sa^  city  °f  New-York,  on  every  day  in  the  week 
cept  Sunday,  throughout  the  year,  except  Sunday,)  as  follow,  to 
wit :  One  market  a  Coenties-Dock  :  one  other  mar- 
ket  at  the  Old-Slip,  at  Burgher’s-Path  ;  one  other 
market  at  Countesses-Slip  ;  one  other  market  at  the 
lower  end  of  TV  all-street :  and  one  other  market  by 
the  Long-Bridge.  And,  also,  we  do  for  us,  our 
heirs,  and  successors,  grant  unto  the  said  Mayor,  Al¬ 
dermen,  and  Commonalty,  of  the  city  of  New-York, 
and  their  successors  forever,  that  they  and  their 
successors  shall  and  may  have,  hold,  and  keep  such 
And  as  many  aad  so  many  other  markets,  at  such  and  so  many 
other  times  and  places  in  the  said  city  of  New-York, 
as  shall  from  time  to  time  be  ordered,  established, 
erected,  and  appointed,  by  the  Common  Council  of 
the  city  aforesaid,  for  the  time  being,  or  the  greater 
number  of  them. 

Grant  to  the  And  ive  do  further ,  for  us, our  heirs,  and  successors, 

the  assfze°of  °*  give  anc^  Sran^  unto  said  Mayor,  Aldermen,  and 

bread,  wine,  Commonalty,  of  the  city  of  New-York,  and  their  suc- 
beer,  ale  and 

other  assize-  cessors,  that  they  and  their  successors,  may  and 

able  merchan-  shau  have  the  assize  and  essay  of  bread,  wine,  beer, 
dizes  and 

things.  ale,  and  all  other  victuals  and  things  whatsoever,  set 

to  sale  in  the  said  city  and  the  liberties  and  limits 
thereof ;  and  the  amending  and  correcting  of  the 
same  assize  ;  and  all  amerciaments,  fines  and  for¬ 
feitures  to  be  laid  and  forfeited,  concerning  the  same, 
or  any  part  thereof,  without  any  account  thereof  to 


more  as  me 
Corporation, 
think  fit  to 
establish. 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR. 


69 


be  given  to  us,  our  heirs,  or  successors  ;  and  to  per¬ 
form,  do,  and  act,  by  themselves  or  their  deputies  all 
and  every  thing*,  needful  or  necessary  in,  about,  or 
concerning  the  same. 

And  we  do  hereby  further,  for  us,  our  heirs  and 

successors,  grant  and  give  unto  the  said  Mayor,  „prant  !?**  tke 
7  ®  J  officer  of  gau- 

Aldermen,andCommonalty,of  the  city  ofNew-York,  ger. 
and  their  successors  for  ever,  the  office  of  gauger  of 
and  in  the  said  city,  to  gauge  all  and  singular  the 
wine,  rum,  brandy,  mollasses,  beer,  ale,  cider,  and 
other  merchandises  and  vessels  guageable  or  to  be 
gauged  within  the  said  city  ;  except  such  liquors  as 
are  to  pay  duty  by  virtue  of  any  Act  of  Assembly, 
until  after  they  have  been  gauged  by  the  public  offi¬ 
cer  appointed  for  that  purpose  :  And  the  office  of 
measurer  of  and  in  the  said  city,  to  measure  salt,  And  the  office 
wheat,  oats,  and  other  grain,  and  all  other  merchan-  01  raeasurer‘ 
dises  measureable  or  to  be  measured  in  the  said 
city  ;  and  also  the  offices  of  surveyor  and  packer  of 
bread,  flour,  beef,  pork,  and  other  provisions,  and  Surveyor  and 
all  other  merchandises,  and  commodities  to  be  packer* 
surveyed,  or  packed  in  the  said  city  ;  and  also 
the  office  of  cartage,  carriage,  and  portage,  of  all 
goods,  wares,  merchandises,  and  other  things  to  be  Cartage  and 
carted  or  carried  in  or  through  the  said  city  or  any  PortaSe- 
part  thereof :  And  also  the  office  of  garbling  of  all 
manner  of  species,  and  other  merchandises  and 
things  to  be  garbled  in  the  city  aforesaid  :  To  ^ u a  0f  garb. 
have  and  to  hold  the  several  offices  aforesaid  ^no* 
and  every  of  them,  and  the  disposition,  ordinances 
and  corrections  of  the  same,  and  to  exercise  the 


70 


CHARTER  OP  THE  CITY  OF  NEW-YORK. 


With  all  fees  same  by  themselves  or  their  deputies  ;  and  to  take 
arising  thereby.  arid  receive  to  themselves  all  fees,  profits  and 
perquisites,  to  the  said  offices  and  every  of  them, 
due  or  to  be  due,  and  all  the  fines,  amerciaments 
and  forfeitures  to  be  laid  and  forfeited  concern¬ 
ing  the  same,  or  any  part  thereof,  to  them  the 
said  Mayor,  Aldermen,  and  Commonalty,  and  their 
successors,  to  their  own  proper  use  forever,  without 
any  account,  or  any  other  thing,  to  us,  or  our  heirs, 
or  successors,  to  be  given  or  made. 


Power  for 
the  Mayor  and 
four  or  more 
Aldermen,  to 
make  free  citi¬ 
zens  under  the 
common  seal. 


The  fees  to 
be  paid  on  ma¬ 
king  a  freeman, 
not  to  exceed 
51.  to  the  use 
of  the  corpora¬ 
tion. 


4 Rnd  further ,  That  the  Mayor  of  the  said  city, 
for  the  time  being,  or  his  deputy,  for  the  time  be¬ 
ing,  and  any  four  or  more  of  the  Aldermen,  for 
the  time  being,  shall  from  time  to  time,  and  at  all 
times  forever  hereafter,  have  full  power  and  authority, 
under  the  common  seal  of  the  said  city,  to  make 
free  citizens  of  the  said  city  and  liberties  thereof; 
and  that  every  person  so  to  be  made  a  free  citi¬ 
zens  shall  pay,  on  his  being  made  free,  for  the  use 
of  the  said  Mayor,  Alderman,  and  commonalty,  of 
the  city  aforesaid,  and  their  successors  forever,  a 
sum  not  exceeding  five  pounds,  New-Tork  money; 
and  we  do,  for  us,  our  heirs,  and  successors,  give 
and  grant  unto  the  said  Mayor,  Aldermen,  and 
Commonalty,  and  their  successors  forever,  full 
power  to  ask,  take,  demand,  and  receive  the  same, 
to  their  own  use  and  behoof,  without  any  account 


thereof  to  be  given  to  us,  our  heirs,  or  succes¬ 
sors,  or  any  other  person  or  persons  whatso¬ 


ever. 

And  we  do  hereby ,  for  us,  our  heirs,  and  succes- 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


71 


sors,  constitute,  appoint,  and  ordain,  that  no  per-  No  unfreeman 

i  •  ^  .  to  use  any 

son  whatsoever,  not  being  a  free  citizen  of  the  said  trade  or  sell  any 

city  as  aforesaid,  shall,  at  any  time  hereafter,  use  o°^s  by  j™,n~ 
any  art,  trade,  mystery,  or  occupation,  within  the  by  retail, 
said  city,  liberties,  and  precincts  thereof,  or  shall  by 
himself,  themselves,  or  others, sell,  or  expose  to  sale, 
any  manner  of  goods,  wares,  merchandises,  or  com¬ 
modities,  by  retail,  in  any  house,  shop,  place,  or 
standing,  within  the  said  city,  or  the  liberties  or  pre¬ 
cincts  thereof ;  (save  in  the  times  of  public  fairs,)  Except  in  the 

and  that  every  such  person,  so  using  any  art,  trade,  <im‘ 8  °f  public 

fairs. 

mystery,  occupation,  or  so  retailing,  contrary  to 
the  intent  and  meaning  of  these  our  present  letters, 
and  shall  persist  therein,  after  warning  to  him  or 
them  thereof  given,  or  left  by  the  appointment  of 
the  Mayor  of  the  said  city  for  the  time  being,  or  his 
deputy  at  the  place  or  places  where  such  person  or 
persons  shall  so  use  any  art,  mystery  or  occupa¬ 
tion,  or  expose  to  sale,  by  retail  as  aforesaid,  any 
goods,  wares,  merchandises,  or  commodities,  as 
aforesaid,  shall  forfeit  the  sum  of  five  pounds,  aTrade^or^ell- 

New-York  money,  to  and  for  the  use  of  the  said  g°ods  n°t 

being  free. 

Mayor,  Aldermen,  and  Commonalty,  of  the  city 
of  New-York,  and  their  successors,  for  every  time 
that  he  or  she  shall  so  use  any  trade,  mystery,  or 
occupation,  or  expose  to  sale,  by  retail,  as  aforesaid, 
any  goods,  wares,  merchandises,  or  commodities, 
after  such  warning  given  or  left  as  aforesaid  :  all  and 
every  of  which  same  forfeitures  shall  and  may  be  le¬ 
vied  by  distress  and  sale  of  the  goods  and  chattels  of 
such  delinquent  and  delinquentSj  by  warrant  under  the 


72 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


seal  of  the  said  city,  signed  by  the  Mayor  thereof, 
for  the  time  being  or  his  deputy,  rendering  the  sur¬ 
plusage  to  die  owner  or  owners  thereof  (if  any  be) 
the  necessary  charges  of  making  and  selling,  such 
distress  being  first  deducted  ;  or  by  any  other  law¬ 
ful  method  to  be  obtained  ;  and  shall  be  recovered 
To  the  use  of  and  received  by  and  to  the  only  use  of  the  Mayor, 
tion.C°r^°ra  Aldermen,  and  Commonalty  of  the  city  of  New- 
York,  and  their  successors  for  ever,  without  any 
account  thereof  to  be  given  to  us,  our  heirs,  or  suc¬ 
cessors,  or  to  any  of  the  officers  or  ministers  of  us, 
our  heirs,  or  successors  :  Provided  always ,  and  we 
do  hereby,  for  us  our  heirs  and  successors,  direct, 
appoint  and  order,  that  no  person  or  persons  shall 

No  aliens  to  be  be  made  free  as  aforesaid,  but  such  as  are  oi  shall 

Qiddc  free#  • 

be  natural  born  subjects  of  us,  our  heirs,  or  suc¬ 
cessors,  or  shall  be  naturalized  or  made  denizens. 
And  we  do  further ,  for  us  our  heirs  and  successors, 
ordain  and  appoint,  direct, will,  and  grant,  that  all  and 
every  person  and  persons,  now  living,  who  at 
any  time  heretofore,  have  been  admitted  free  citi¬ 
zens,  or  into  the  freedom  of  the  said  city  of  New- 

All  former  York,  shall  be  and  remain  free  thereof,  and  free 

freemen  to  le-  ...  ,  .  r  .  . 

main  so.  citizens,  and  have  and  enjoy  the  said  freedom,  and 

all  the  rights  and  privileges  of  freemen  and  free 

citizens  of  the  said  city  of  New-York  to  all  intents 

and  purposes  whatsoever. 

And,  for  the  better  preservation  of  good  rule 
and  order  in  the  said  city,  we  do,  for  us  our  heirs 
and  successors,  will,  ordain,  and  grant,  unto  the 
Mayor,  Aldermen,  and  Commonalty,  of  the  said 


JOHN  MONTGOMERIE,  ES(*.  GOVERNOR* 


73 


city,  and  their  successors,  that  the  Common  Coun-  Common  coun- 
J  oil  under  the 

cil  of  the  said  city,  for  the  time  being,  or  the  major  common  seal  to 

part  of  them,  shall  have  full  power  and  authority  o  survey" 
r  >  i  J  ors,  measurers, 

to  license  or  appoint  by  warrant,  under  the  com-  guager,  garb- 
.  _  .  .  ,  .  ,  lers,  beadles, 

mon  seal  of  the  said  city,  or  otherwise,  one  or  more 

surveyors  of  flour,  bread,  beef,  pork,  and  other 

provisions,  measurers  of  grain,  salt,  and  all  other 

comodities,  gaugers  of  wine,  beer,  ale,  cider,. 

rum,  brandy,  and  all  other  saleable  or  exciseable 

liquors,  garbles,  beadles,  bell-men,  watch-men, 

bridewell  keepers,  or  keepers  of  a  house  or  houses 

of  correction,  and  of  alms  houses,  cryers,  and  bell 

ringers,  and  to  displace  all  or  any  of  them  and  And  to  displace 

put  others  in  their  room,  and  to  add  or  diminish  them  at  Wlil* 

the  number  of  them,  or  any  of  them  as  often  as 

the  said  Common  Council  of  the  said  city,  or  the 

major  part  of  them,  shall  think  fit. 

And  further,  we  do  for  us,  our  heirs,  and  sue-  ^ — *.  “J° 

corporation  to 

cessors,  grant  unto  the  said  Mayor,  Aldermen,  erect auybride- 
and  Commonalty,  and  their  successors  forever,  full  ^e11  °r  work” 
power  and  authority  to  erect  and  build,  or  appro¬ 
priate  any  other  buildings  already  built,  for  one 
or  more  bridewell  or  bridewells,  house  or  houses  of 
correction,  and  work-house  or  work-houses,  toge¬ 
ther  with  full  power  and  authority  to  the  said 
Mayor,  Recorder,  and  Aldermen,  or  any  one  of 
them,  to  take  up  and  arrest,  or  order  to  be  taken 
up  and  arrested,  all  and  any  rogues,  vagabonds,  a  d  t  th 
stragglers,  and  idle  and  suspicious  persons  ;  and  as  Mayor,  Record- 
they  the  said  Mayor,  Recorder,  or  Aldermen,  or  ^ei^oranv*" 
any  one  of  them,  shall  see  cause,  to  order  all  or  any 

10 


74 


CHARTER  OF  THE  CITY  OF  NEW-YORTC. 


of  them,  to  com  such  rogues,  vagabonds,  stragglers,  and  idle  and 
bonds  there!°a  suspicious  persons,  either  to  the  said  work-house, 
there  to  remain,  and  work  such  work,  and  so  long, 
not  exceeding  forty  days,  or  else  to  bridewell  or 
the  house  of  correction,  there  to  receive  such  pun¬ 
ishment,  not  extending  to  the  loss  of  life  or  limb, 
as  the  said  Mayor,  Recorder,  and  Aldermen,  or  any 
one  of  them,  shall  think  fit.  And  also ,  that  they 

Power  to  the 

corporation  to  the  said  Mayor,  Aldermen,  and  Commonalty,  and 
erect  or  appro-  thejr  successors  forever,  may,  and  shall  have  pow- 
their  buildings  er  to  build,  erect,  or  appropriate,  any  of  their  build- 
house/  ^  mgs  ah*eady  built  for  an  alms-house,  for  relief  of 
the  poor  ;  together  also  with  as  full  and  ample  pow¬ 
er  to  them,  and  their  successors,  to  order,  direct, 
and  act  in  and  about  the  said  houses  of  correction, 
work-houses,  and  alms  houses,  and  the  persons  to 
be  put  in  and  ordered  there,  as  to  any  city  or  cor¬ 
poration,  in  any  place  of  that  part  of  our  realm  of 
Great  Britain,  called  England,,  and  the  officers  or 
ministers  thereof,  doth  or  may  belong.  And  also , 

And  to  have  ^at  ^ey  sa'^  Mayor,  Aldermen,  and  Commo¬ 
nalty,  and  their  successors  forever  hereafter,  may 
have  one  or  more  gaol  or  gaols,  in  such  fit  place 
or  places,  within  the  said  city  and  limits  and  juris¬ 
diction  thereof,  as  by  the  Common  Council  of  the 
said  city,  for  the  time  being,  or  the  major  part  of 
them,  shall  be  appointed,  to  imprison,  and  safe  keep, 
all  and  every  person  and  persons  for  any  treasons, 
murders,  felonies,  trespasses,  evil  doings,  and  all 
other  matters  and  causes  whatsoever  to  be  arrested 
or  attached,  or  to  be  committed  to  the  gaol  or  gaols 
aforesaid,  in  safe  custody,  there  to  remain,  until 


one  or  more 
gaols  as  they 
shall  think  fit. 


JOHN  MONTGOMERIE,  ESQ..  GOVERNOR; 


75 


they  be  delivered  by  due  course  of  law.  And  that  Common  coun- 

.  cil  to  appoint 

the  Common  Council  of  the  city  aforesaid,  for  the  one  or  more 

time  bein^,  or  the  major  part  of  them,  shall,  and  £ao,  pePe,s 

J  1  with  power  to- 

may  have  power,  from  time  to  time,  to  choose,  con-  remove  them  at 
stitute,  and  place,  one  or  more  fit  person,  or  per-  Pled5Uie* 
sons,  in  the  office  or  offices  of  keeper  or  keepers  of 
the  goal  or  gaols  aforesaid,  to  hold  the  same  during 
the  good  pleasure  of  the  Common  Council  of  the 
said  city,  for  the  time  being,  or  the  major  part  of 
them,  as  aforesaid  requiring,  and,  hereby,  for  us, 
our  heirs,  and  successors,  impowering  and  com¬ 
manding  the  keeper  and  keepers  of  the  gaol  or 
gaols  aforesaid,  for  the  time  being,  that  all  and 
singular,  traitors,  murderers,  felons,  malefactors, 
disturbers  of  the  peace,  and  other  delinquents,  and 
all  others,  for  any  crime  or  offence,  or  other  reason¬ 
able  cause  or  matters,  to  the  gaol  or  gaols  afore¬ 
said,  ordered  or  committed,  or  to  be  committed  or 

ordered,  from  time  to  time,  shall  receive,  take,  Who  shall  re- 

.  ceive  all  male- 

keep,  and  cause  to  be  kept  in  the  same  gaol  or  factors  iuto  his 

gaols,  until  they  shall  be  thence  delivered  by  due  cuslotly* 

course  of  law, 

And  we  do  farther ,  for  us,  our  heirs,  and  sue-  Mayorap- 
J  1  7  ’  pointed  clerk 

cessors,  will,  ordain,  and  grant,  that  the  Mayor  of  of  the  market, 
the  said  city,  for  the  time  being,  shall  forever  here¬ 
after,  be  clerk  of  the  market,  of  us,  our  heirs,  and 
successors,  within  the  city  aforesaid,  and  the  limits, 
liberties,  and  precincts,  thereof;  and  that  the  Mayor 
of  the  said  city,  for  the  time  being,  by  himself  or 
his  deputy,  may  and  shall  have  full  power  and  au¬ 
thority  to  do  and  execute,  and  shall  and  may  do 


76 


CHARTER  OF  THE  CITY  OF  NEW-YORK* 


And  water 
bailiff. 


And  to  re¬ 
ceive  the  fees 
of  clerk  of  the 
market  and 
water-bailiff 
to  his  own  use. 


Mayor  to 
licence  one  or 
more  marshals, 
porters,  carri¬ 
ers,  cartmen, 
carmen,  pack¬ 
ers,  cullers, 
cryers,  scaven- 


and  execute  forever,  within  the  limits,  liberties,  and 
precincts,  of  the  said  city,  all  and  whatsoever  to  the 
oflice  of  clerk  of  the  market  there  doth,  shall,  or 
may  belong,  without  any  hindrance  or  impediment 
of  us,  our  heirs,  or  successors,  or  any  the  officers 
of  us,  our  heirs,  or  successors  ;  and  that  no  other 
clerk  of  the  market  shall  intermeddle  there.  Jind 
also,  that  the  Mayor  of  the  said  city,  for  the 
time  being,  and  his  successors,  during  the  time  of 
his  and  their  mayoralties,  and  no  other,  be  and 
shall  be,  the  bailiff  and  conservator  of  the  water  of 
the  north  and  east  rivers,  and  shall  and  may  do, 
exercise,  and  execute,  the  said  office  of  bailiff  and 
conservator  of  the  water  of  the  north  and  east  rivers, 
or  water-bailiff,  by  him  or  themselves,  or  by  his  or 
their  sufficient  deputy  or  deputies,  in,  upon,  or  about, 
the  same  water  of  the  north  and  east  rivers  (that  is 
to  say)  in  and  through  all  the  limits,  bounds,  and 
jurisdiction  of  the  said  city  of  New-York,  upon  all 
and  every  the  banks,  shores,  and  wharfs,  of  the 
same  water  of  the  north  and  east  rivers,  within  the 
imits  and  bounds  aforesaid  :  and  to  have,  receive, 
collect,  and  enjoy,  all  and  singular,  wages,  rewards, 
fees,  and  profits,  to  the  same  offices  of  clerk  of  the 
market,  and  water-bailiff,  or  any  of  them,  due  or 
to  be  due,  or  belonging  to  his  or  their  own  use,  with¬ 
out  any  account  thereof,  to  us,  our  heirs,  or  succes¬ 
sors,  to  be  made,  Jind  also,  that  the  Mayor  of  the 
said  city,  for  the  time  being,  shall  have  full  power 
and  authority  to  license  or  appoint,  by  warrant,  un¬ 
der  his  hand  and  seal,  or  otherwise,  one  or  more 
marshal  or  marshals  of  the  said  city,  porters,  car- 


JOHN  MONTGOMERIE,  ESQ..  GOVERNOR. 


77 


riers,  cartmen,  carmen,  packers,  cullers,  common  gers,  and  to 

..  ~  displace  them 

cryers,  scavengers,  and  to  to  displace  all  or  any  ot  at  pieasure. 
them,  and  to  put  others  in  their  rooms  ;  and  to  add 
to,  or  diminish  the  number  of  them,  or  any  of  them, 
when,  and  as  often  as  the  Mayor  of  the  said  city,  for 
the  time  being,  shall  think  fit.  , 

And  we  do  further,  for  us  our  heirs  and  succes-  .  And  grant 

licences  to 

sors,  grant,  ratify,  and  confirm,  unto  the  said  Mayor,  keep  tavern. 
Aldermen,  and  Commonalty,  of  the  city  of  New- 
York,  and  their  successors  forever,  that  the  Mayor 
of  the  said  city  for  the  time  being,  and  no  other 
whatsoever,  shall  have  power  to  give  and  grant  li¬ 
censes  annually,  under  the  public  seal  of  the  said 
city,  to  all  such  persons  as  he  shall  think  fit  to  li¬ 
cense  them,  and  every  of  them,  to  keep  a  tavern, 
inn,  ordinary,  or  victualling-house,  and  to  sell  wine, 
brandy,  rum,  strong  waters,  cider,  beer,  ale,  or 
any  other  sort  of  exciseable  or  strong  liquors,  within 
the  city  of  New-York,  or  the  liberties  and  precincts 
thereof,  by  retail  or  the  small  measure  ;  and  that  Fees  for 
it  shall  be  lawful  to  and  for  the  said  Mayor  of  the  J^epTavern  to 

said  city,  for  the  time  being,  to  ask,  demand,  and  the  use  of  the 

...  corporation. 

receive  for  every  such  licence  by  him  to  be  given  and 
.granted  as  aforesaid,  such  sum  or  sums  of  money, 
as  he  and  the  person  to  whom  such  licence  shall  be 
given  and  granted,  shall  agree  for,  not  exceeding 
the  sum  of  thirty  shillings  for  each  licence  ;  all 
which  monies,  as  by  the  said  Mayor,  shall  be  so  re¬ 
ceived,  shall  be  used  and  applied  to  the  public  use 
of  the  said  Mayor,  Aldermen,  and  Commonalty,  of 
the  said  city  of  New-York,  and  their  successors 
forever,  without  any  account  thereof  to  be  rendered, 


78 


CHARTER  OF  TIIE  CITY  OF  NEW-YORK. 


Licence  to 
continue  in 
force  one  year 
and  no  logger. 


No  person 
without  licence 
to  keep  a  ta¬ 
vern,  or  retail. 


On  penalty  of 
five  pounds. 


To  be  levied. 


To  the  use  of 
the  corpora¬ 
tion. 


made,  or  done,  to  us,  our  heirs,  or  successors,  or  any 
other  person  whatsoever  ;  Every  and  each  of  which  ’ 
licences  shall  continue  and  be  in  force  for  any  time, 
not  exceeding  one  year  from  the  granting  thereof, 
but  no  longer.  And  we  do  hereby,  for  us,  our  heirs, 
and  successors,  constitute,  direct,  order,  and  ap¬ 
point,  that  no  person  or  persons  whatsoever,  with¬ 
out  such  licence  being  in  force,  shall  at  any  time 
hereafter  keep  any  tavern,  inn,  public  ordinaries, 
or  victualling  houses,  or  sell  wine,  brandy,  rum, 
strong  waters,  cider,  beer,  ale,  or  any  other  sorts 
of  exciseable  or  strong  liquors,  within  the  city  of 
New-York,  or  the  liberties  or  precincts  thereof,  by 
retail  or  small  measure,  under  the  penalty  of  five 
pounds,  current  money  of  JNTew-York,  for  every 
time  that  any  person  shall  act  contrary  hereto  in  any 
respect,  to  be  forfeited  and  paid  by  every  person, 
for  every  time  he  or  she  shall  offend  or  act  con¬ 
trary  hereto  in  any  respect,  to  and  for  the  use  of 
the  said  Mayor,  Aldermen,  and  Commonalty,  of 
the  city  of  JNew-York,  for  the  time  being  ;  all  and 
every  of  which  penalties  shall  and  may  be  levied, 
by  distress  and  sale  of  the  goods  and  chattels  of 
such  delinquent  and  delinquents,  by  warrant  under 
the  seal  of  the  said  city,  signed  by  the  Mayor 
thereof  for  the  time  being,  or  his  deputy,  render¬ 
ing  the  surplusage  to  the  owner  or  owners  thereof, 
if  any  be,  (the  necessary  charges  of  making  and 
selling,  such  distress  being  first  deducted,)  or  by 
any  other  lawful  method  to  be  obtained  ;  and  shall 
be  recovered  and  received  by  and  to  the  only  use 
of  the  Mayor,  Aldermen,  and  Commonalty,  of  the 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR. 


79 


city  of  New-York,  and  their  successors  forever, 
without  any  account  thereof  to  be  given  to  us,  our 
heirs,  or  successors,  or  to  any  of  the  ministers  or 
officers  of  us,  our  heirs  or  successors. 

Jhid  further  ive ,  of  our  especial  grace,  certain  Mayor,  deputy 
knowledge,  and  meer  motion,  have  given,  grant-  ^^nl^Alder" 

ed,  ratified,  and  confirmed,  and  by  these  presents  men,  assigned 

.  ~  1-1  •  x  justices  of  the 

do,  tor  us,  our  heirs,  and  sucessors,  give,  grant,  peace. 
ratify,  and  confirm  unto  the  said  Mayor,  Aider- 
men,  and  Commonalty,  of  the  city  of  New-  York, 

and  to  their  successor  forever,  that  the  Mayor, 

deputy  Mayor,  Recorder,  and  Aldermen,  of  the 

said  city,  for  the  time  being,  be,  and  shall  be  at 

all  times  forever  hereafter,  and  hereby  are  assigned 

to  be  justices,  and  each  of  them  a  justice  of  us,  our 

heirs,  and  successors,  the  peace  of  us,  our  heirs, 

and  successors,  within  the  city  aforeseid  and  the 

limits,  jurisdiction,  and  extent  thereof,  and  within 

the  county  of  New-York,  to  keep  :  and  that  they  they 

the  said  Mayor,  deputy  Mayor,  Recorder,  and  Al-  or  any  four  or 

dermen,  of  the  said  city,  for  the  time  being,  or  any  mayor^de- 

four  or  more  of  them  (whereof  we  will  the  Mayor,  Puty  mayor,  or 

recorder  to  be 

or  deputy  Mayor,  or  Recorder,  of  the  said  city,  for  0ne)  may  hold 
the  time  being:,  to  be  one)  shall  and  may  forever  cou,ts  °*ses" 
hereafter  hold  and  keep  four  courts  of  general  Tuesday  in  No- 
sessions  of  the  peace,  in  and  for  the  said  city  and  aryi  May^  and 
county  of  New-York,  to  begin  at  certain  times  in  AuSust  yearly, 
the  year ;  to  luit  :  one  of  them  to  begin  on  the 
first  Tuesday  in  November;  another  on  the  first 
Tuesday  in  February  ;  another  on  the  first  Tuesday 
in  May ;  and  the  other  on  the  first  Tuesday  in 


80 


CHARTER  of  the  city  of  new-york. 


To  last  any  August,  in  every  year  ;  each  ot  which  sessions  of 
time  not  ex¬ 
ceeding  four  the  peace,  shall  and  may  last,  continue,  and  be  held 

^a^s*  any  time,  not  exceeding  four  days.  And  also , 

that  they  the  said  Mayor,  Deputy  Mayor,  Recor¬ 
der,  and  Aldermen  of  the  said  city,  for  the  time 
being,  or  any  four  or  more  of  them  (whereof  we 
will  the  Mayor,  or  deputy  Mayor,  or  Recorder,  of 
the  said  city,  for  the  time  being,  to  be  one)  shall 
And  to  inquire,  and  may  forever  hereafter,  have  full  power  and  au- 

hear  and  deter-  thority  to  enquire  of  and  hear  and  determine, 
mine  all  lelon-  J  n- 

ies  and  offences  within  the  city  and  county  aforesaid,  all  and  all 
whatsoever  be-  , 

longing  to  the  manner  ot  lelomes,  imprisonments,  riots,  routs,  op- 
ofth  of^ustices  pressions,  extortions,  forestallings,  regratings,  tres¬ 
passes,  offences,  and  all  and  singular  other  evil 
deeds  and  offences  whatsoever,  within  the  city  and 
county  aforesaid,  from  time  to  time  perpetrated, 
done  arising,  or  happening,  which  to  the  office  of 
justices  of  the  peace,  are  incumbent,  or  do  in  any 
manner  belong,  or  which  thereafter  shall  happen  to 
belong,  or  be  incumbent  on  them,  or  which  in 
any  manner  before  justices  of  the  peace  ought  or 
may  be  inquired  into,  heard  and  determined,  to¬ 
gether  with  the  correction  and  punishment  thereof, 
and  to  do  and  execute  all  other  things,  within  the 
city  and  county  aforesaid,  and  the  liberties  and 
precincts  thereof,  as  fully,  freely,  and  entirely,  and 
in  as  ample  manner  and  form  as  justices  of  the 
peace  of  us,  our  heirs,  and  successors,  any  where 
within  that  part  of  our  kingdom  of  Great  Britain, 
called  England,  by  the  laws,  statutes,  or  customs, 
of  England,  or  by  any  other  legal  method  whatso¬ 
ever,  heretofore  had  or  exercised,  or  hereafter  to 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR. 


SI 


he  had  or  exercised,  could,  might,  or  can  do,  and 
in  as  ample  manner  and  form,  as  if  the  same  had 
been  in  these  our  letters  particularly,  and  by  spe¬ 
cial  words  expressed,  contained,  and  mentioned. 

And  that  the  said  justices  of  the  peace,  of  us,  our 

heirs,  and  successors,  in  the  city  and  county  afore- 

.  .  .  ,  .  ........  AndasJusti- 

said,  may  have  and  exercise  jurisdiction  in  all  ces  tQ  have  ju- 

causes,  matters,  and  things,  whatsoever,  which  to  ristl,ction  in  all 

_  causes,  which 

justices  of  the  peace  of  our  said  city  and  county,  to  the  office  of 

in  any  manner  do,  or  ought  to  belong.  And  fur -  be^on^  ^ 

ther ,  that  the  Mayor,  Recorder,  and  Aldermen,  of 

the  said  city*  for  the  time  being,  and  every  of  them  Al~ 

from  time  to  time,  and  at  all  times  forever  hereaf-  dermen,  made 

ter,  shall  be  justices  assigned  of  Oyer  and  Termi -  eranTrerminer', 

ner ,  and  of  the  gaol  delivery  of  all  and  every  the  ant|  £a°l 

delivery,  and 

gaols  now  being,  and  herefter  to  be  in  the  said  be  so  named  in 
city  and  county,  and  either  of  them,  and  shall  be  comm*s" 

named  in  every  commission,  thereof  to  be  made. 

And  we  do  hereby ,  for  us,  our  heirs,  and  successors,  Sheriff  and 

grant,  order,  and  appoint,  that  the  sheriff  and  other  other  officers  to 

execute  the 

ministers  and  officers  of  the  said  city,  for  the  time  warrants  and 
being,  shall  and  may,  and  they  are,  and  each  of  th™ Mayor  °Re 
them  is  hereby  commanded,  authorised,  and  fully  corder,  and  Al- 
empowered  to  execute  and  return  all  and  every ciermen* 
the  precepts  and  commands  of  the  Mayor,  Recor¬ 
der,  and  Aldermen,  of  the  said  city,  for  the  time 
being,  and  either,  mr  any  of  them,  from  time  to 
time,  at  all  times,  as  fully  and  effectually  as  any 
sheriff,  minister,  or  officer,  of  any  county  or  city, 
any  where  in  that  part  of  our  kingdom  of  Great- 
Britain,  called  England,  the  mandates  or  commands 

of  any  justice  of  the  peace,  justice  of  Oyer  and 

11 


82 


CHARTER  OP  THE  CITY  OF  NEW-YORK. 


Terminer ,  of  gaol  delivery  of,  or  in  any  county 
there,  hath  used  to  make  return  or  execute,  in  any 
manner  whatsoever. 

Power  to  the  we  rUT(jier  0f  our  special  grace,  cer- 

corporation  to  J  1  107 

hold  one  court  tain  knowledge,  and  meer  motion,  will  and  by 
every^Tuesday  ^ese  presents,  for  us  our  heirs,  and  successors, 

in  the  week  give,  grant,  ratify,  and  confirm,  unto  the  said 
yearly  before 

the  Mayor  or  Mayor,  Aldermen,  and  Commonalty,  of  the  city  of 

his  deputy,  or  New-  York,  and  their  successorr  forever,  that  they, 
the  recorder,  &  . 

any  three  or  and  their  successors  forever  hereafter,  shall,  can, 
m-n6  oVany  and  may  have  and  hold,  in  the  name  of  us,  our 
four  or  more  of  heirs,  and  successors,  one  court  of  record,  within 

the  Mayor  or  the  city  of  New- York,  and  the  liberties  and  pre- 
bis  deputy,  or  cincts  thereof,  upon  every  Tuesday  in  every  year, 

the  rGctirilcrj 

to  be  one.  before  the  Mayor  of  the  said  city,  for  the  time  be¬ 
ing  or  his  deputy,  or  the  Recorder  of  the  said  city, 


for  the  time  being,  and  any  three  or  more  of  the 
Aldermen,  for  the  time  being,  or  any  four  or  more 


of  them  (whereof  we  will  the  Mayor  of  the  said  city, 
fre  the  time  being,  or  his  deputy,  or  he  Recorder, 
of  the  said  city,  for  the  time  being,  to  be  one.)  And, 
that  the  Mayor  of  the  said  city,  for  the  time  being, 
or  his  deputy,  or  the  Recorder  of  the  said  city,  for 
the  time  being,  and  three  or  more  of  the  Aldermen, 
and  any  four  or  more  of  them,  (whereof  we  will 
the  said  Mayor,  or  his  deputy,  or  the  Recorder, 
And  to  hold,  to  be  one,)  shall  and  may  hold,  plea,  and  have 

plea,  take  co»-  cognizance  of  all  and  all  manner  of  plaints,  ac- 

nizance  of  and 

determine  all  tions,  and  pleas,  of  any  lands  and  tenements, 

well  real aTper- w^hin  the  said  city  of  New-York  and  the  limits 

tonal,  or  mixt,  and  precincts  thereof;  and  also  of  all  actions  of 

thecity  andm  trespass  with  force  and  arms,  and  without  replevin, 

county. 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


83 


ejectment,  trover,  and  conversion,  trespass  upon  the 
case,  debt,  detinue,  covenant,  deceits,  contracts,  con¬ 
tempts,  penalties,  forfeitures,  and  all  other  actions, 
and  pleas,  as  well  real  as  personal,  and  mixt,  arising 
and  accruing  within  the  said  city  and  limits  there¬ 
of;  together  with  full  power  and  authority  to  hear 
and  determine  all  and  every  the  same,  and  such  • 
actions  and  pleas  aforesaid,  and  judgments  there¬ 
on,  to  render,  and  executions  thereof  to  award  and 
make,  and  to  act  and  do  every  thing  therein  in  According 
such  manner  and  form,  and  by  such,  and  the  like  England  or  this 


methods,  process,  and  proceedings,  as  fully  and  colony* 
amply  as  in  our  other  courts  of  record,  in  such,  or 
the  like  cases  is  used,  or  can  or  may  be  acted  and 
done,  according  to  the  laws  of  that  part  of  our 
kingdom  of  Great-Britain,  called  England,  and  of 
our  said  province  ofNew-York. 

And  we  do  hereby ,  for  us,  our  heirs,  and  succes-  Sheriffs 

sors,  grant,  order,  and  appoint,  that  the  sheriff,  officio  exe^ 

and  the  coroner,  and  other  ministers,  and  officers,  cute  and  return 

their  precepts 

of  the  said  city,  for  the  time  being,  shall  and  may, 
and  they  are,  and  each  of  them  is  hereby  command¬ 
ed,  authorised,  and  fully  empowered,  to  execute  and 
return  all  and  every  the  precepts  and  process  of 
the  said  court,  to  them  respectively  directed,  or  to 
be  directed,  from  time  to  time,  and  at  all  times,  as 
fully  and  effectually  as  any  sheriff,  coroner,  minis¬ 
ter,  or  officer,  of  or  in  any  city  or  place  within  that 
part  of  our  kingdom  of  Great-  Britain,  called  En¬ 
gland,  the  precepts  and  processes  of  any  court  of 
record  there,  hath  used,  or  can  or  may  execute 


84 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


and  return,  in  any  manner  howsoever  ;  Provided 

always ,  That  the  Mayor  of  the  said  city  for  the 

time  being,  or  his  deputy,  or  the  recorder  of 

adjoum°Wthe  t0  ^  said  city  for  the  time  being,  and  any  three  or 

Mayor’s  court  more  of  the  Aldermen  of  the  said  city,  j  or  any  four 
for  any  time,  '  1 

not  exceeding  or  more  of  them  (whereof  the  Mayor  or  his  deputy, 

23  days.  or  the  Recorder,  we  will  to  be  one)  may  and  by 

there  presents  have  and  shall  have  full  power  to 

adjourn  the  said  court  for  any  time  not  exceeding 

twenty-eight  days. 

* And  we  do  further  will,  and  by  these  presents,  for 
ns,  our  heirs,  and  successors,  give,  grant,  ratify, 
Corporation  and  confirm,  unto  the  said  Mayor,  Aldermen,  and 
mo^cleidc  C°m_  Commonalty,  of  the  city  of  New-York,  and  their  sue-* 
cessors,  that  they  and  their  successors,  from  hence¬ 
forth  forever  hereafter,  shall  and  may  have  within 
the  city  aforesaid,  a  fit  and  discreet  man  to  be,  and 
who  shall  be,  and  be  called,  the  Common  clerk  of 
the  city  aforesaid,  to  act  and  do  all  those  things 
within  the  city  aforesaid,  and  the  limits  and  jurisdic^ 
tion  thereof,  which  to  any  Common  clerk  of  or  in 
any  city,  borough,  or  town  incorporated,  any 
where  in  that  part  of  our  kingdom  of  Great-Britain 
called  England,  by  virtue  of  his  office,  can  or  ought 
to  do.  And  also,  that  forever  hereafter,  the  com- 

Who  shall  111011  c^ei'b  of  the  city  aforesaid,  for  the  time  being, 

be  clerk  of  the  shall  also  be  clerk  of  the  court  of  record,  to  be  held 
court  of  record,  n  ,  .  .  ,  .  , 

clerk  of  the  before  the  Mayor,  or  his  deputy,  or  the  recorder,  op 

peace,  «te  oi  ses-  any  three  or  more  of  the  Aldermen  of  the  said  city, 
juons  of  the  J 

peace.  as  aforesaid  ;  and  also  clerk  of  our  peace,  and  of  the 

peace  of  our  heirs  and  successors,  and  of  the  ses¬ 
sions  of  the  peace,  for  and  in  the  city  and  county  of 


JOHN  MONTGOMERIE,  ESQ..  GOVERNOR; 


85 


New-York,  from  time  to  time  to  be  held,  and  all 
and  singular  those  things  which  to  the  office  and  of¬ 
fices  of  such  clerk  of  the  peace,  and  of  the  sessions 
of  the  peace,  do  and  shall  appertain,  to  do,  act 
and  execute  ;  and  also,  shall  and  may  require,  de¬ 
mand,  take,  accept,  hold,  keep,  and  enjoy,  all  fees, 
perquisites,  and  profits,  which  may  to  any  such  com¬ 
mon  clerk,  clerk  of  the  peace,  and  of  the  sessions 
of  the  peace,  do  or  ought  to  belong.  And  ive  do 
hereby ,  give,  grant,  ratify,  and  confirm,  for  us, 
our  heirs,  and  successors,  unto  our  beloved  William 
Sharpas,  Gen.  (one  of  the  inhabitants  of  the  city 
aforesaid)  to  be  the  present  common  clerk  of  the  city 
of  New- York  aforesaid  ;  and  also  clerk  of  the  peace, 
and  of  the  sessions  of  the  peace,  for,  and  in  the  city 
and  county  of  New-York,  to  continue  in  the  offices 
aforesaid,  during  his  life,  and  to  act  and  execute  the 
same  offices  and  places  by  himself  or  his  deputy. 
Jlnd  we  do  further ,  for  us,  our  heirs  and  successors? 
appoint,  will,  and  direct,  that  the  Governor  or 
Commander  in  chief  of  the  said  province  of  New<- 
York,  for  the  time  being,  from  time  to  time,  and  at 
all  times,  after  the  death  of  the  said  William  Sharpas, 
when  and  so  often  as  the  office  and  place  of  Com¬ 
mon  Clerk  of  the  said  city  shall  happen  to  be  va¬ 
cant,  shall  and  may  appoint  an  honest  and  discreet 
man,  being  one  of  the  inhabitants,  and  a  freeman 
or  freeholder  of  the  said  city,  to  be  Common  Clerk 
of  the  said  city,  during  his  good  behaviour  ;  and  so 
as  often  as  such  case  shall  happen.  And  we  do  fur¬ 
ther ,  for  us,  our  heirs,  and  successors,  will  and  grant, 

4  , 

that  so  often  as  the  said  office  shall  be  vacant,  the 


And  take  all 
fees  belonging 
to  those  offices. 


Mr.  William 
Sharpas  ap¬ 
pointed  com¬ 
mon  clerk,  and 
elerk  of  the 
peace  and  ses¬ 
sions  of  the 
peace. 


Upon  his 
death,  the  Go¬ 
vernor  to  ap¬ 
point  another, 
whe  shall  ex-r 
ecute  those  of 
fices,  during 
his  good  be¬ 
haviour. 


86 


CHARTER  OP  THE  CITY  OF  NEW-YORK. 


As  often  as  Common  Council  of  the  said  city,  for  the  time  being, 

the  office  of 

clerk  be  vacant  shall  and  may  appoint  one  other  honest  and  dis- 

the  common  creet  citizen,  being  an  inhabitant  and  freeman,  or 

council  to  ap*  °  7 

point  one,  who  freeholder  of  the  said  city,  to  be  Common  Clerk 

therein°tdunUC  0 **  the  said  city,  and  Clerk  of  the  said  Court  of  Re- 

another  be  ap-  COrd,  in  and  for  the  said  city ;  and  Clerk  of  the 

pointed  by  the 

Governor,  and  Peace,  and  of  the  Sessions  of  the  Peace,  in  and  for 
the  said  city  and  county  of  New-York,  to  act  and 
execute  the  said  offices,  and  who  shall  and  may 
execute,  do,  and  receive,  all  and  whatsoever  to  the 


Eight  attornies 
appointed  for 
the  Mayor’s 
court,  during 
their  good  be¬ 
haviour. 


I 


said  offices,  and  every  of  them,  belongs,  or  shall 
belong  or  appertain,  till  in  his  room,  another  ho¬ 
nest  and  discreet  person,  being  an  inhabitant  and 
freeman,  or  freeholder  of  the  said  city,  shall  be 
appointed  into  and  for  the  said  offices,  by  the  Go¬ 
vernor  or  Commander  in  Chief  of  the  said  province 
for  the  time  being ;  and  shall  have  taken  such  an 
oath  as  is  hereby  directed  for  every  such  person 
so  to  be  appointed,  to  give  and  take  ;  and  so  from 
time  to  time,  and  so  often  as  the  case  may  or  shall 
so  happen. 

And  jurther ,  we  do  hereby  constitute,  name, 
and  appoint,  James  Alexander,  Joseph  Murray, 
John  Chambers,  William  Smith,  George  Lurting, 
William  Jamison,  Richard  Nicolls,  and  Abraham 
Lodge,  gentlemen,  to  be  the  present  attornies,  and 
each  of  them  to  be  an  attorney  of  and  in  the  said 
court  of  record,  for  and  during  the  good  behaviour 
of  each  of  them  respectively :  And  we  do  here¬ 
by,  for  us,  our  heirs,  and  successors,  grant  and 
ordain,  that  no  other  attorney  or  attornies,  per- 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR. 


87 


son  or  persons  whomsoever,  (besides  the  afore-  Atm  no  other 
named  attornie3,  during  the  time  that  they  shall  p^itice* there 
all  remain  attornies  of  the  said  court)  shall  be 
permitted  or  suffered  to  practice  as  an  attorney  of 
or  in  the  said  court ;  but  all  and  every  other  at¬ 
torney  and  attornies,  person  and  persons  (besides 
the  before  named  attornies,  during  the  time  afore¬ 
said)  from  being  an  attorney  or  attornies  of  or  in 
the  said  court,  and  from  all  practice  as  such,  shall 
be,  and  are  and  each  of  them  is  excluded  and  de-  The  Mayor, 
barred.  And  we  do  hereby ,  for  us  our  heirs,  and  (3ePuty  Mayor, 
successors,  give  and  grant  unto  the  said  Mayor,  any  three  or 
Aldermen,  and  Commonalty  of  the  city  of  New-  men%rany 

York,  and  their  successors  for  ever,  that  the  May-  four  or  more  of 
’  ...  them  (the  May. 

or  of  the  said  city,  for  the  time  being,  or  his  de-  ororhisdepu- 
puty,  or  the  Recorder,  and  any  three  or  more  of  be^ne^ma^. 

the  Aldermen  of  the  said  city  for  the  time  being,  with  consent  of 

the  Governor 

or  any  four  or  more  of  them,  (whereof  we  will  the  or  commander 

Mayor,  or  his  deputy,  or  the  Recorder  of  the  said  ?n  chie*>  for  the 
,  .  ill  behaviour  of 

city,  for  the  time  being,  to  be  one)  shall  and  may  the  attornies, 

(by  and  with  the  consent  and  approbation  of  our  anJ  ?n  ,awful 

Governor  and  Commander  in  Chief  for  the  time  move  them. 

being)  have  full  power  and  authority,  all  or  any  of  am0val  or 

the  before  named  attornies  of  the  said  court,  and  death  of  two, 

upon  the  amo- 

all  or  any  other  of  the  persons,  hereafter  to  be  ap-  val  or  death  of 
pointed  or  admitted  attornies  of  or  in  the  said  court,  them  t^reeom- 

for  their  or  his  evil  behaviour,  in  their  or  his  said  mend  others  to 

.  .  the  Governor 

duty  or  othce  of  attornies,  or  an  attorney  of  or  in  Cr  commander 

the  same,  or  his  or  their  being  thereof  legally  con-  In  cn,ef  in  their 

victed  from  being  attornies,  or  an  attorney  of  or  in  when  approved 

j.  ,  ,  r  of  shall  be  ad- 

the  said  court  to  amove,  displace,  and  forever  ex-  mittecj  jn  the 

elude  ;  and  after  the  amoval  or  death  of  any  two  Mayor’s  court. 


88 


Charter  op  the  city  of  new-york. 


And  no  per¬ 
son  not  recom¬ 
mended  Sc  ap¬ 
proved  shall  be 
permitted  to 
practise  after 
the  death  or 
amoval  of  any 
of  the  before 
named  attor- 
nies. 

Number  of at- 
tornies  forever 
to  remain  six. 


Provided  no¬ 
thing  be  con¬ 
strued  to  hin¬ 
der  his  majesty 
from  prosecut¬ 
ing,  or  defend¬ 
ing,  by  his  at¬ 
torney  general, 
nor  to  hinder 
the  attorney 
from  practising 
as  council  in 
any  civil  cause. 


or  more  of  the  before  named  attornies,  upon  the 
amoval  or  death  of  any  other  of  the  attornies  be¬ 
fore  named,  or  hereafter  to  be  admitted,  to  re¬ 
commend  one  other  person  to  the  Governor  or 
Commander  in  Chief  of  the  said  province  of  New- 
York  for  the  time  being,  for  his  approbation,  in 
the  room  of  such  attorney  so  dying,  or  being  re¬ 
moved  ;  each  of  which  persons,  so  to  be  recom¬ 
mended,  and  approved  of,  as  aforesaid,  shall  and 
may  be  admitted  and  sworn  an  attorney  of,  and  in 
the  said  court ;  and  so  often  as  the  case  shall  hap¬ 
pen.  And  we  do  further ,  for  us,  our  heirs,  and 
successors,  grant  and  appoint,  that  no  other  attor¬ 
ney  or  person  whatsoever,  shall,  after  the  death  or 
amoval  of  any  of  the  before  named  attornies,  be 
admitted  or  suffered  to  practise  as  an  attorney  of 
or  in  the  said  court,  but  what  shall  be  recommend¬ 
ed  and  approved  of  as  aforesaid.  And  further ,  we 
do,  for  us,  our  heirs,  and  successors,  grant,  will, 
and  ordain,  that  the  number  of  attornies  of  the 
said  court,  shall  not  at  any  one  time  after  the 
death  or  removal  of  any  two  or  more  of  the  before 
named  attornies,  forever  hereafter  exceed  the 
number  of  six :  Provided,  that  nothing  herein 
shall  be  construed  to  extend  to  hinder  us,  our  heirs, 
or  successors,  from  prosecuting  or  defending,  all 
or  any  suits,  causes,  actions,  or  prosecutions,  in 
the  said  Mayor’s  court,  by  our  attorney  or  solicitor 
general  for  our  said  province,  or  the  attorney  or 
solicitor  general  of  us,  our  heirs,  or  successors,  for 
the  said  province,  for  the  time  being  ;  nor  to  hinder 
the  attorney  or  solicitor  general  of  us,  our  heirs, 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


89 


or  successors,  for  the  said  province,  for  the  time 
being,  to  practice  in  the  said  court  as  council  in 
any  civil  cause. 

And  we  do  further  of  our  especial  grace,  certain 
knowledge,  and  meer  motion,  for  us,  our  heirs,  and 
successors,  grant,  appoint,  and  direct,  that  the  May¬ 
or,  Recorder,  and  Aldermen,  of  the  said  city,  for 
the  time  being,  and  each  of  them,  from  time  to  time, 
and  at  all  times,  forever  hereafter,  shall  have,  by 
these  presents,  full  power  and  authority  to  have 
and  take  cognizance  of,  and  to  hear,  try,  and  final¬ 
ly  determine,  with  or  without  a  jury,  all  pleas,  suits, 
controversies,  and  trespasses,  wherein  the  value 
does  not  exceed  the  sum  of  forty  shillings,  in  such 
manner  as  they  or  either  of  them  shall  think  or 
judge  to  be  agreeable  and  according  to  equity  and 
good  conscience  ;  and  for  the  more  due  proceeding 
herein,  it  shall  and  may  be  lawful  for  them  or  either 
of  them,  to  administer  an  oath  to  the  plaintiff  or 
defendant,  and  also  to  such  witnesses,  as  shall  be 
produced  by  each  party,  if  they  the  said  Mayor, 
Recorder,  and  Aldermen,  or  either  of  them  think 
fit ;  and  in  case  either  of  the  parties,  plaintiff  or 
defendant,  shall  not  perform  such  order,  judgment, 
or  decree,  as  the  said  Mayor,  Recorder,  or  Aider- 
men,  for  the  time  being,  or  any  one  of  them,  shall 
make  or  set  down,  then  it  shall  and  may  be  lawful 
for  them,  or  any  one  of  them,  to  commit  such  party 
or  parties  to  any  prison  of  or  in  the  said  city,  there 
to  remain  until  he,  she,  or  they,  perform  such  or¬ 
der  and  every  marshal  of  the  said  city  for  the  time 

being,  is  hereby  commanded  and  authorised  to  ex- 

12 


Power  to  the 
Mayor,  record¬ 
er  and  Aider- 
men,  and  each 
of  them,  to  de¬ 
termine  all 
causes  with  or 
without  a  jury, 
where  the  thing 
in  demand 
shall  not  ex-J 
ceed  40s. 


And  to  admin¬ 
ister  an  oath 
to  plaintiff  and 
defendant  and  j 
their  witnesses. 


And  if  either 
party  refuse  to 
comply  with 
the  decree  of 
them,  or  any 
of  them,  that 
they  or  any 
one  of  them 
may  commit 
such  party  to 
prison  till  per 
formance. 


90 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


Every  mar¬ 
shal  to  execute 
their  or  either 
of  their  pre¬ 
cepts. 


And  every 
gaol  keeper  to 
receive  and  in 
custody,  &c. 
such  party  or 
parties  who 
shall  not  com¬ 
ply  with  such 
decree  and  be 
committed* 


ecute  all  and  any  the  summonses,  precepts,  an<l 
commands,  of  them  the  said  Mayor,  Recorder,  and 
Aldermen,  or  any  one  of  them,  made,  issued,  or 
given  in  about,  or  concerning,  such  suits,  pleas, 
controversies,  and  trespasses,  or  any  of  them,  as 
shall  be  to  him  directed  5  and  every  keeper  of  the 
gaol  for  the  city  of  New-York,  for  the  time  beings 
is  hereby  commanded  and  authorised  to  receive, 
and  safe  keep,  in  his  gaol  or  custody,  all  such  par¬ 
ties  so  committed  or  to  be  committed  to  the  pri¬ 
son  he  shall  be  then  keeper  of,  until  he,  she,  or  they* 
shall  perform  such  order  accordingly. 

Jind  we  do,  for  ourselves,  our  heirs,,  and  sucees- 


Sheriff,  clerk  sors,  by  these  our  present  letters,  require,  and 

diiaate1  officers  strictly  charge  and  command,  and  fully  empower, 

to  be  obedient  the  sheriff,  common  clerk,  chamberlain,  marshal, 
to  and  to  attend  .  .  .  . 

upon  the  May-  gaol  keepers,  high  constable,  petty  constables,  and 

or  recorder  aq  0qler  subordinate  officers,  of  and  in  the  said 
Aldermen,  and 

to  execute  their  city,  now  chosen,  elected,  constituted,  or  appoint- 


command. 


ed,  or  that  hereafter  may  be  chosen,  elected,  con 


stituted,  or  appointed,  and  every  of  them  respec¬ 


tively,  jointly,  and  severally,  as  cause  shall  require, 
to  be  obeisant  and  obedient  to,  and  attend  upon 
the  said  Mayor,  Recorder,  and  Aldermen,  of  the 
said  city,  and  every  or  any  of  them,  at  all  times 
hereafter,  according  to  the  duty  or  obligation  of 


their  respective  offices  and  places  ;  and  to  execute 
all  and  every  the  commands,  precepts,  warrants, 
and  processes,  to  them  respectively  directed  and 
issued,  and  given  out,  and  to  be  issued  and  given 
out,  by  them  the  said  Mayor,  Recorder,  and  Aider- 


men,  or  any  one  of  them. 


JOHN1  MONTGOMERIE,  ESQ.  GOVERNOR. 


91 


Jlnd  we  do  further ,  hereby  will,  declare,  and  or-  Mayor,  his 
daiii,  that  before  the  Mayor,  deputy  Mayor,  Re-  other  officers  to 
corder,  Aldermen,  Assistants,  Assessors,  Sheriff,  be  sworn- 
Coroner,  Common  Clerk,  Chamberlain,  High  Con¬ 
stable,  and  Petty  Constables,  of  the  said  city,  such 
of  them  as  are  hereby  appointed  and  named,  and 
all  and  every  such  as  hereafter  are  to  be  appointed, 
elected,  or  chosen,  shall,  before  they  be  respective¬ 
ly  permitted  to  execute  their  respective  offices  or 
places  aforesaid,  respectively  be  sworn  as  follow, 

to  wil :  The  hereby  named  Mayor  of  the  said  be^ore  they  ex 

ecute  their  of- 

city,  and  every  other  person,  hereafter  to  be  ap-  ticcs. 
pointed  to  or  for  that  office,  to  take  the  proper 
oath  as  such,  and  well  and  truly  to  execute  the  of¬ 
fice  of  Mayor,  and  all  other  offices  and  places, 
hereby  appointed  for  each  Mayor  to  execute  and 
act  in,  and  the  usual  oath  of  a  justice  of  peace,  be-  sworn, 
fore  the  Governor  or  Commander  in  Chief  of  the 

said  province  of  Newr-York,  for  the  time  being,  in  before  the  Go¬ 
vernor,  or  in 

presence  of  three  or  more  of  the  Aldermen  of  the  his  absence, 

said  city  of  New-York,  for  the  time  being  ;  or,  l)''/ore  theolc!* 

in  case  of  the  absence  of  the  Governor  or  Com-  in  the  presence 

of  three  or 

mander  in  Chief,  for  the  time  being,  then  before  more  Alder- 
the  oldest  counsellor  of  the  said  province,  for  the  men‘ 
time  being,  in  the  presence  of  three  or  more  of 
the  Aldermen  of  the  said  city  for  the  time  being. 

Jlnd  we  do  hereby ,  for  us,  our  heirs  and  succes¬ 
sors,  give  and  grant  full  power  and  authority  to  Power  to  ad* 
the  Governor  or  Commander  in  Chief  of  the  said  oa"]^  Warded 

province,  for  the  time  being;,  in  the  presence  of lo  the  Gover- 
r  ,  ’  .  nor,  4- in  his  ab- 

tnree  or  more  ot  the  Aldermen  ot  the  city  aiore-  sence  to  the  old- 

said,  for  the  time  being,  or  in  case  of  the  absence  est  couabellor* 


92 


CHARTER  OF  THE  CITY  OF  NEYV-YORK. 


Recorder  to 
be  sworn, 


before  the 
Mayor  or  his 
deputy. 


Deputy  May¬ 
or  to  be  aworn. 

His  oath. 


of  the  said  Governor  or  Commander  in  Chief,  thei 
to  the  oldest  counsellor  of  the  said  province  fo 
the  time  being,  in  the  presence  of  any  three  oi 
more  of  the  Aldermen  of  the  said  city,  for  the  timt 
being,  to  administer  such  oaths  accordingly,  with¬ 
out  any  other  warrant,  commission,  or  power  from 
us,  our  heirs,  or  successors ;  and  so  from  time  to 
time,  as  often  as  the  case  shall  or  may  require  or 
happen.  And  the  above  named  Recorder  of  the 
said  city  of  New- York,  and  every  other  person 
hereafter  to  be  appointed  to  or  for  that  office,  tc 
take  the  proper  oath,  as  such  officer  ought  to  take, 
and  an  oath,  well  and  truly  to  execute  the  office  of 
Recorder,  and  the  proper  oath  of  a  justice  of  peace, 
before  the  Mayor  of  the  said  city,  for  the  time  being, 
or  his  deputy ;  to  which  same  Mayor,  for  the  time 
being,  or  his  deputy,  we  do,  for  us,  our  heirs, 
and  successors,  give  full  power  and  authority  by 
these  presents,  to  administer  such  oaths  according¬ 
ly,  in  manner  aforesaid,  without  any  other  war¬ 
rant,  commission,  or  power  from  us,  our  heirs,  and 
successors  ;  and  every  deputy  Mayor  or  every  Al¬ 
derman  hereafter  to  be  appointed  to  act  as  deputy 
Mayor,  for  the  time  being,  to  take  the  proper 
oath  as  such,  and  an  oath,  well  and  truly  to  exe¬ 
cute  the  office  of  a  deputy  Mayor,  during  the 
time  for  which  he  shall  be  appointed  deputy,  if  the 
same  Mayor,  his  constituent,  shall  so  long  live : 
And  if  the  said  Mayor  shall  happen  to  die  with¬ 
in  such  time,  that  thereupon,  and  from  thence¬ 
forth,  such  deputy  Mayor  shall  well  and  truly 
execute  the  office  of  Mayor  of  the  said  city. 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


93 


until  another  fit  person  be  appointed  and  sworn 

Mayor  of  the  said  city,  in  the  manner  in  these 

present  letters  mentioned  ;  and  shall  also  take  the 

proper  oath  of  a  justice  of  peace,  before  the  Mayor 

or  Recorder,  and  any  three  or  more  of  the  Aider- 

men  of  the  said  city  for  the  time  being.  And  we  co^Jer  Tiid^any 

do  hereby ,  for  us,  our  heirs,  and  successors,  give  three  or  more 
^11  ,  ,  i  _  n  Aldermen  to 

full  power  and  authority  to  the  Mayor,  or  Re.  administer 

corder  of  the  said  city  and  to  any  three  or  more  such  oath 
of  the  Aldermen  of  the  said  city,  for  the  time  be¬ 
ing,  to  administer  such  oaths,  as  aforesaid,  with¬ 
out  any  other  warrant,  commission,  or  power  from 
us,  our  heirs,  or  successors.  And  also ,  every  Al-  Aldermen  as- 
derman  hereby  appointed,  and  every  person  here-  g^^sheriff  ** 
after  to  be  elected  to  or  for  the  office  or  place  of  coroner,  clerk, 
Alderman  of  or  in  the  said  city,  to  take  an  oath,  Constable 
well  and  truly  to  execute  the  office  or  place  of 
Alderman,  and  the  proper  oath  of  a  justice  of 
peace,  before  the  Mayor  of  the  said  city,  for  the 
time  being,  or  his  deputy,  or  the  Recorder  of  the 
said  city,  for  the  time  being :  And  also  every  As¬ 
sistant,  Assessor,  Sheriff,  Coroner,  Common  Clerk, 

Chamberlain,  High  Constable,  and  Petty  Constable,  and  tt  con. 
hereby  named,  and  every  person  hereafter  to  be  stables, 
elected  or  appointed  to  or  for  the  office  or  place  of 
an  Assistant,  Assessor,  Coroner,  Common  Clerk,  or 
Chamberlain,  or  shall  be  appointed  or  elected  to 
or  for  the  office  or  place  of  High  Constable  or  Petty 
Constable  of  or  in  the  said  city,  each  of  them  res¬ 
pectively  to  take  the  proper  oath  for  his  respective  to  be  sworn  be- 

office  or  place,  and  well  and  truly  to  execute  the  lorf  Mayor, 
*  7  J  or  his  deputy 

respective  offices  or  places  he  is  or  shall  have  been  or  reeorder ; 


94 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


who  are  im- 
powered  to  ad 
minister  the 
same. 


None  of  the 
corporation 
nor  any  free 
citizen  of  the 
city  to  be  com 
pel  led  against 
their  wills  to 
serye  on  any 
inquest  or  pa¬ 
ries  or  to  exe¬ 
cute  any 


office  out  of  the 
jurisdiction  of 
the  city,  while 
they  remain 
inhabitants. 


respectively  elected  or  named  for,  before  the  said 
Mayor  of  the  said  city  for  the  time  being,  or  his 
deputy,  or  the  Recorder  of  the  said  city  for  the 
time  being.  And  we  do  hereby  give  full  power  and 
authority  to  the  Mayor  of  the  said  city,  for  the 
time  being,  or  his  deputy,  or  the  Recorder  of  the 
said  city  for  the  time  being,  to  administer  such 
respective  oaths  to  each  of  the  respective  persons 
'  aforesaid,  accordingly,  without  any  other  warrant? 
power,  or  authority,  from  us,  our  heirs,  or  suc¬ 
cessors. 

And  further ,  of  our  especial  grace,  certain 
knowledge,  and  meer  motion,  we  have  granted 
and  by  these  presents  do,  for  ourselves,  our  heirs, 
and  successors,  grant  and  confirm  unto  the  afore¬ 
said  Mayor,  Aldermen,  and  Commonalty  of  the 
city  of  JNew-York  aforesaid,  and  to  their  succes¬ 
sors,  that  neither  they,  nor  any  one  of  them,  nor 
any  free  citizen  of  the  said  city,  during  the  time  of 
their  being  inhabitants  there,  shall  against  their 
or  any  of  their  wills,  out  of  the  city  aforesaid,  be 
put  or  impanelled  upon  or  in  any  assizes,  juries, 
or  inquisitions  whatsoever  (although  it  toucheth 
or  doth  or  shall  touch  us,  our  heirs  or  successors, 
and  although  we,  or  our  successors,  be,  or,  should, 
or  shall  be  parties)  out  of  the  said  city,  neither 
shall  they  or  any  ano  of  them  be  made,  elected,  or 
chosen  Assessor,  Taxer,  or  Collector  of  any  taxes, 
duties,  imposts,  or  subsides,  whatsoever,  or  of  any 
part  or  parcel  of  them,  or  of  any  of  them,  out 
of  the  said  city  ;  nor  shall  be  ordained,  elected, 
assigned  or  appointed  constable,  bailiff,  or  any 


I 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR.  95 

other  officer  or  minister,'  without  or  beyond  the 
city  aforesaid,  and  the  liberties  and  precincts  there¬ 
of;  nor  shall  be  called  upon,  compelled,  or  forced, 
against  their  or  any  of  their  wills,  to  do,  receive, 
occupy,  or  discharge,  any  of  the  duties  or  functions 
above  mentioned,  or  any  other  office,  duty,  or  func¬ 
tion,  whatsoever,  without  the  city,  liberties,  and 
precincts  aforesaid.  And  although  the  aforesaid 

Mayor,  Recorder,  and  Aldermen,  Freemen,  or 
_  ..  ’  ’  Nor  shall  „ 

free  citizens,  of  the  city  aforesaid,  or  any  of  them  incur  any  fines 

shall,  while  they  are  or  remain  inhabitants  of  the 
said  city  against  their,  or  any  of  their  wills,  be 
put  impanelled,  or  returned  upon  any  assizes, 
juries,  or  inquisitions  whatsoever,  out  of  the  said 
city  and  limits  thereof ;  or  shall  to  any  of  the  offi¬ 
ces  above-mentioned,  or  any  other  office  or  func¬ 
tion  whatsoever,  out  of  the  said  city,  be  elected 
or  chosen ;  and  though  they,  or  any  of  them, 
being  summoned,  impanelled,  or  returned,  elected, 
or  chosen,  as  aloresaid,  shall  refuse  or  neglect  to  for  refusing  to 
come  and  appear  before  our  justices,  or  other  jus-  ■nqUestg)  ^ ur jeg? 

tices,  commissioners,  or  officers,  of  us,  our  heirs,  or  to  execute 

any  office  out 

or  succsssors,  (before  whom  such  assizes,  juries  or  of  the  jurisdic- 

inquests  shall  happen  to  be  summoned  or  returned)  ll0n  tliecily- 

or  in  or  upon  the  same  assizes,  juries,  or  inquests, 

shall  refuse  or  neglect  to  be  sworn  or  tried,  or 

any  of  the  offices,  duties,  or  functions,  aforesaid, 

shall  refuse  to  do,  receive,  occupy,  or  discharge, 

yet  the  person  or  persons  so  refusing  any  contempts, 

fines,  amerciaments,  penalties,  forfeitures  or  loss 

whatsoever,  by  reason  of  such  refusal  or  neglect, 

to  or  towards  us,  our  heirs,  or  successors,  shall 


96 


CHARTER  OP  THE  CITY  OF  NEW-YORK. 


Grant  &  con¬ 
firmation  to  all 
the  inhabitants, 
of  their  houses, 
lands,  tene¬ 
ments  and 
hereditaments, 


saving;  the  quit- 
rents  reserved 
by  their  grants. 


not,  nor  either  of  them,  shall  in  any  wise  incur,  but 
therefrom  and  thereof,  as  well  as  before  us,  our  heirs, 
and  successors,  as  all  other  the  justices,  commis¬ 
sioners,  and  other  officers  whatsoever  of  us,  our 
heirs,  or  successors,  shall  remain  quiet,  and  forever 
discharged. 

And  further,  we  do  for  us,  our  heirs,  and  suc¬ 
cessors,  by  these  present  letters  give,  grant*  ratify, 
and  confirm,  unto  all  and  every  the  respective  inha¬ 
bitants  and  freeholders  of  the  said  city  of  New- 
York,  and  their  several  and  respective  heirs  and 
assigns  forever,  all  and  every  the  several  and  res¬ 
pective  messuages,  tenements,  lands,  and  heredi¬ 
taments,  situate,  lying  and  being  in  the  said  city, 
and  Manhattan’s-Island  aforesaid,  to  them  several¬ 
ly  and  respectively  granted,  conveyed  or  confirm¬ 
ed,  or  mentioned  or  intended  to  be  granted,  con¬ 
veyed,  or  confirmed,  by  any  of  the  late  Governors, 
Lieutenant-Governors,  or  Commanders  in  Chief,  of 
the  said  province,  or  by  any  of  the  former  Mayors, 
or  deputy  Mayors,  and  Aldermen  and  Common¬ 
alty  of  the  said  city  of  New-York,  by  that  or  any 
other  name,  stile,  or  title,  or  by  others  claiming 
under  any  such  grant  or  conveyance,  to  have  and 
to  hold  to  them  respectively,  and  to  their  respec¬ 
tive  heirs  and  assigns  forever ;  saving  and  reserv¬ 
ing  the  several  rents  and  quit-rents,  reserved  and 
due,  and  to  be  due  and  payable  from  each  of  the 
several  persons,  to  whom  by  virtue  of  any  former 
grants  to  them  (or  those  from  or  under  whom  they 
respectively  hold)  the  same  messuages,  tenements, 
lands,  or  hereditaments  were  made  or  given. 


.John  Montgomerie,  esq.  governor. 


97 


Jlnd  further ,  of  our  especial  grace,  certain,  know-  Power  to  the 
,  .  .  corporation  to 

ledge,  and  meer  motion,  we  do,  tor  us,  our  heirs,  purchase  and 
and  successors,  give,  grant,  ratify,  and  confirm  hol<1  *u  ^e,e 
to  the  said  Mayor,  Aldermen,  and  Commonalty,  of  tenements,  or 
our  said  city  of  JVew-York,  and  to  their  successors  'the'elear 

forever,  full,  special  and  free  liberty,  license,  pow-  yearly  value 

ii-  i  -i  i,ii  exceed  not 

er,  and  authority,  to  take,  receive,  have,  hold,  and  30001  sterl. 

enjoy,  to  them  and  their  successors  forever,  in  fee  fer  Annum, 
simple,  any  manors,  messuages,  lands  tenements, 
hereditaments,  rents,  and  other  possessions  and 
real  estate,  within  or  without  the  same  city,  as  well 
of  and  from  us,  our  heirs,  and  successors,  as  of 
and  from  all  and  every  other  person  and  persons 
whomsoever ;  so  as  the  manors,  messuages,  lands, 
tenements,  hereditaments,  1  rents  and  other  posses¬ 
sions  and  real  estate,  which  the  Mayor,  Aldermen, 
and  Commonalty  of  the  city  of  New-York,  shall  and 
may  have  in  their  possession  and  seizen,  at  any  one 
time,  exceed  not  in  the  whole,  the  clear  yearly 
rent  or  value  of  three  thousand  pounds  per  annum, 
money  of  our  realm  of  Great  Britain,  beyond  and 
above  all  charges  and  reprises,  without  any  hin¬ 
drance  of  us,  our  heirs,  or  successors,  or  the  justices, 
escheators,  sheriffs,  coroners,  bailiffs,  or  other  the 
ministers  of  us,  our  heirs,  or  successors ;  and  this 
without  any  other  letters  patent,  liberty,  license,  or 
power,  from  us,  our  heirs,  or  successors,  the  sta¬ 
tute  of  Mortmain ,  or  any  other  act,  law  or  statute, 
or  any  other  cause,  thing,  or  matter,  whatsoever,  to 
the  contrary  thereof  in  any  wise  notwithstanding ; 
and  the  same  manors,  messuages,  lands,  tenements, 


13 


98 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


And  the  same  hereditaments,  rents,  and  other  possessions,  or  any 
to  dispose  of  at  -  . 

their  pleasure,  part  thereof,  to  demise  grant,  lease,  and  set  over, 

assign  and  dispose,  at  their  own  will  and  pleasure, 

auu  to  make,  seal,  and  accomplish,  any  deed,  or 

deeds,  lease,  or  leases,  evidences,  or  writings,  for 

or  concerning  the  same  or  any  part  thereof. 

G»-ant  and  con*  Jlnd  we  do,  by  these  presents,  of  our  especial 

In  matinn  to  the  e,  certain  knowledge,  and  meer  motion,  give, 

men,  and  com-  grant,  ratify,  and  confirm,  unto  the  said  Mayor, 
monalty  of  the  ,  „  lA  ^  ^  P  ^-r 

Cit y -hat L  and  Aldermen,  and  Commonalty,  ol  the  city  of  JNew- 

s:aoh,  the  five  York,  and  their  successors  forever,  all  those  the 
market  houses, 

the  great  dock,  now  City-Hall  and  gaols,  rooms  or  places,  for  the 

a ncJ16 common  courts  of  justice  and  chambers  adjoining,  with  the 

sewer  the  pow  ground  and  appurtenances  thereto  belonging,  the 
der  house,  and 

the  ferry  and  five  market  houses,  the  great  dock,  the  now  crane 

all  othei  lei ries  ancj  wflarf  with  the  common  sewer  leading  through 
hereafter  to  be  ’  &  o 

settled,  to-  the  great  dock  and  bridge,  and  also  the  Magazine, 
gather  with  the  ,  ,  ,  _  .  , 

ferry  house*,  °1’  owder-house,  near  the  tresh  water,  all  in  the 

barns,  stables,  c[ty  0f  New-York,  and  the  ferry  and  ferries  on  both 

pens,  pounds, 

and  ground,  sides  of  the  East  River,  and  all  other  ferries  now 

thereto  belong-  aricj  hereafter  to  be  erected  and  established  all  round 
in^,  and  tne 

ground  be-  the  Island  Manhattan’s  ;  and  the  management  and 

andTow"1  water-  ru^e  °f>  and  ^ees’  ferriages,  and  perquisites  to 
mark,  from  the  the  same,  or  any  part  thereof  belonging,  or  to  be- 

Wall  About  long;  and  also  the  ferry  houses  on  Nassau-Islandy 

of  iim  reS  hook  ^ie  barns,  stables,  penn,  or  pounds,  and  lot 
and  all  waste,  of  ground  thereto  belonging;  and  also  all  the 

patented n'  land  ground,  soil  or  land,  between  high-water  and  low- 

on  IVlanhat-  water  mark,  on  the  said  Island  of  Nassau,  from  the 
tan’s  Island,  ex¬ 
tending  to  low  east  side  of  the  place  called  Wallabout  to  the  west 

■with'  the11  bene-  s'(^e  Red-Hook  ;  and  also  to  make  laws  and  rules, 

fit  of  all  docks,  for  the  governing  and  well  ordering  of  all  the  ferries 
and  wharfs,  &e  & 


joiin:  Montgomerie,  esq.  governor. 


99 


now  erected  or  established,  or  hereafter  to  be  erect¬ 
ed  or  established  round  the  said  Island  Manhat- 
tan’s  ;  and  all  the  waste,  vacant,  unpatented,  and 
unappropriated  land,  lying  and  being  within  the 
said  city  of  JNew-York,  and  on  Manhaltan’s-Island 
aforesaid,  extending  to  low-water  mark  ;  together 
with  the  right,  benefit,  and  advantage,  of  all  docks, 
wharfs,  cranes,  and  slips,  or  small  docks  within 
this  city,  with  the  wharfage,  crange,  and  dockage, 

and  all  issues,  rents,  profits,  and  advantages  aris-  -And  all  Pt0” 

^  fits  arising 

ing,  or  to  arise  or  accrue  by  or  from  all  or  any  of  therefrom,  and 

them  :  and  rdl  rivers,  rivulets,  creeks,  coves,  ponds,  a11  ,u,'rs’ 

7  7  7  7  7  1  7  creeks,  coves, 

waters,  water-courses,  fishing,  fowling,  hunting,  and  o1  her  privi- 

•  i  •  i  i  a  '  Je»es’  advanta- 

and  hawking,  mines,  and  minerals,  and  other  roy-  ^  heredita- 

alties  and  privileges  within  the  city  of  New- York,  and  a11 

1  &  other  their 

and  Manhattan’s-Island  ;  and  also  all  and  singular  rights  and  pri- 
other  the  rights,  privileges,  liberties,  franchises? 
pre-eminences,  advantages,  jurisdictions,  courts, 
powers,  offices,  authorities,  markets,  ferries,  fer¬ 
riages,  fees,  fines,  amerciaments,  perquisites,  pro¬ 
fits,  immunities,  lands,  tenements,  rents,  posses¬ 
sions,  and  hereditaments,  and  other  real  estate,  not 

only  which  in  the  before  recited  grant  or  writing  Grant  by  for- 

.  -ii  i  •  N  p  mer  charters, 

made  or  mentioned  to  be  made,  m  the  year  ot  our 

lord  one  thousand  six  hundred  and  eighty-six,  and 

in  the  before  recited  letters  patent  of  Queen  Anne, 

mentioned  or  intended  to  be  thereby,  or  by  either 

of  them  granted  or  conveyed,  but  also,  which  the 

Mayor,  Aldermen,  and  Commonalty,  of  the  city  of 

New-York,  or  their  predecessors,  inhabitants,  or 

citizens  of  the  said  city  of  New-York,  or  any  part 


100. 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


thereof,  by  whatsoever  other  name,  stile,  or  title, 
they  or  any  of  them,  have  been  known  or  called, 
or  which  they  have,  held,  or  claimed  to  hold  by  perscription  or 
held  "or  claim-  otherwise,  (silver  and  gold  mines  excepted)  and 
ed,  except  gold  also,  except  our  Fort  George,  in  our  city  of  New- 

cind.  silver 

rmnes,  the  fort,  York,  and  the  ground,  full  boundaries,  and  extent 

governor’s  gar-  thereof,  or  thereto  belonging,  and  also  that  piece 

farm,  &  swamp,  of  ground  near  the  English  Church,  called  the  Go- 

reserved^-yfor-  vernor’s  garden,  and  the  land  called  the  King’s 

mer  grants,  <fc  JT arm,  with  the  swamp  next  to  the  same  :  and  sav- 
saving  other 

persons’  right  ing  the  several  rents,  reserved  by  virtue  of  former 
to  the  premises,  grantg  anc[  saving  to  all  other  persons,  bodies  po- 

those  having  litic  and  corporate,  their  respective  titles,  to  any  of 
plantations  by  .  . 

the  water  side,  the  said  lands  or  tenements  ;  and  saving  to  the  m- 

hetween  Wall-  habitants,  or  those  that  have  plantations  by  the 
about,  and  red- 

hook,  a  right  water-side,  between  Wallabout  and  Red-Hook,  the 
of  transporting  rj„ht  of  transporting  themselves,  and  their  own 

goods.  goods  only,  in  their  own  boats,  from  and  to  their 

respective  dwellings  or  plantations,  without  paying 
ferriage,  to  have  and  to  hold  all  and  singular  the 
premises  aforesaid,  and  every  part  and  parcel  there¬ 
of  (except  and  saving,  as  is  herein  excepted  and 
saved)  unto  the  said  Mayor,  Aldermen,  and  Com¬ 
monalty  of  the  city  of  New-York,  and  their  suc¬ 
cessors  forever,  to  their  only  proper  use  and  behoof 
forever. 

And  also,  we  do  further,  of  our  especial  grace, 
certain  knowledge,  and  meer  motion,  give,  grant, 
ratify  and  confirm  unto  the  said  Mayor,  Aldermen, 
and  Commonalty,  of  the  city  of  New-York,  and  to 
their  successors  forever,  all  that  space  of  ground 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


101 


and  soil  of  Hudson’s  River  now  lying  and  being  To  hold  to  the 

.  corporation  in 

under  the  water  ol  the  same  river,  to  begin  at  a  fee,  grant  of 
certain  place,  near  high-water  mark,  at  the  south  tlie  so.1.1  un4er 

1  °  7  water  irom 

end  of  a  piece  of  upland,  which  lies  between  the  Restaver’s  Kil- 

•  ,  •  ,  .  ~  i  i  litie  to  the  fort 

said  river,  and  a  piece  ot  meadow  ground  or  marsh,  on  lhe  j^orth. 

being  the  first  piece  of  meadow  ground  or  marsh  river, 
near  Hudson’s  River,  to  the  southward  of  Green¬ 
wich,  and  from  whence  the  above  named  run  of 
water  called  Bestaver’s  Killitie,  or  rivulet,  runs 
into  Hudson’s  River,  from  which  place  of  beginning 
to  extend  and  run  to  the  south  side  of  the  street 
which  runs  from  the  parade  before  our  fort  in  New- 
York  to  Hudson’s  River,  south,  eighteen  degrees, 
thirty  minutes  west,  on  a  straight  line,  the  distance 
being  one  hundred  and  twenty-five  chains,  from 
which  line  to  run  a  perpendicular  breadth  of,  and 
to  comprehend  four  hundred  feet  from  low-water  comprehend- 

mark,  into  Hudson’s  River,  the  same  containing  400  ieet 

below  lowwa- 

eighty-  two  acres,  and  one  half  acre,  or  thereabout,  ter  mark,  and 

And  also,  all  that  space  of  ground  and  soil  of  the  acres 'aud^ 

East  River,  from  the  north  side  of  Corlaer’s-Hook  half. 

And  also,  of 

to  Whitehall,  beginning  at  two  large  stones,  set  on  the  soil  ot  the 
the  south  side  of  a  small  creek  in  a  marsh  on  the  past  r‘yel1 

from  Corlears- 

north  side  of  Corlear’s-Hook ;  from  whence,  to  Hook 
the  eastermost  point  of  Corlear’s-Hook,  the  distance 
on  a  straight  line,  running  south,  fifteen  degrees 
thirty  minutes  east,  is  forty  chains  and  two  rod  ;  from 
thence  to  Whitehall,  on  a  straight  line,  running 
south,  seventy-eight  degrees  thirty  minutes  West, 
the  distance  is  one  hundred  and^fty-two  chains,  from 
which  two  lines,  to  run  a  perpendicular  breadth  of, 
and  to  comprehend  four  hundred  feet  from  low- water- 


hall, 


102 


CHARTER  OF  THE  CITY  OF  JNEW-YORK. 


comprehend-  mark  into  the  East  River,  the  same  containing  one 
ing  400  It.  from 

low  water-  hundred  and  twenty-seven  acres,  or  thereabouts  ; 
mark,  &  being  together  with  aii  and  singular  the  benefits,  liber- 
all  profits  aris-  ties  privileges,  ways,  water-courses,  easements, 
therefrom  U1Se  w^arfs,  keys,  profits,  hereditaments,  and  appurte¬ 
nances  to  the  same,  or  any  part  thereof  belonging 
or  appertaining,  or  to  belong  or  to  appertain,  or 
that  can  in  any  wise  be  had,  made,  used,  or  enjoy¬ 
ed  thereon,  or  therewith  used,  with  full  power  and 
authority  at  any  time  or  times  hereafter  to  fill, 
make  up,  wharf,  and  lay  out,  all  and  every  part 

to  wbiarf^o^r  there°f ;  and  the  same  to  build  upon  and  make 

the  same,  and  use  of  in  such  manner,  as  they,  the  said  Mayor,  Ab¬ 
use  it  as  they 

think  fit.  dermen,  and  Commonalty,  and  their  successors, 

shall  think  fit  ;  and  also  all  our  estate,  right,  title, 
interest,  benefit,  claim  and  demand  whatsoever, 
of,  in,  or  to  the  same,  and  the  reversion  and  rever¬ 
sions,  remainder  and  remainders,  and  the  yearly, 
and  other  rents,  issues  and  profits,  thereof ;  To 

have  and  to  hold ,  all  and  singular  the  premises 
J  o  hold  to  °  1 

them  in  fee*  aforesaid,  unto  them  the  said  Mayor,  Aldermen, 

and  Commonalty,  and  their  successors,  to  their 

own  proper  use  and  behoof  for  ever,  and  to  no 

other  use,  intent,  or  purpose,  whatsoever.  Provided 

Corporation  a^vaysi  that  nothing  in  these  presents,  shall  be 

not  to  wharf  construed  to  empower  or  entitle  the  said  Mayor, 
out,  before 

those  who  have  Aldermen,  and  Commonalty,  of  the  city  of  New- 

prior  grants  of  y01j  or  their  successors,  to  wharf  out  before  any 
keys  or  wharfs  ’  ’  J 

below  low  wa-  persons  who  have  prior  grants,  from  us,  or  some 
ter  mark,  with-  .  c  . 

out  their  con-  or  one  °i  our  predecessors,  ot  keys  or  wharfs  be- 

eent/  yond  low-water-mark,  without  the  actual  agree¬ 

ment  or  consent  of  such  persons,  their  heirs,  or  as- 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR. 


103 


signs,  owners  of  such  keys  or  wharfs.  And  also , 
that  of  the  wharfs  to  be  built,  or  run  out,  there 
shall  be  left  towards  the  said  East  and  IVorth  Ri¬ 
vers,  forty  feet  broad,  as  well  for  the  greater  con- 
veniency  of  trade,  as  at  any  time  or  times  hereaf¬ 
ter,  for  us,  our  heirs,  and  successors,  to  plant  bat¬ 
teries  thereon,  in  case  of  any  necessities  ;  to  do 
which,  we  do,  for  us,  our  heirs,  and  successors, 
hereby  reserve  power  ;  any  thing  herein  contained 
to  the  contrary,  in  anywise  notwithstanding ;  they 
the  said  Mayor,  Aldermen,  and  Commonalty,  and 
their  successors,  rendering,  yielding,  and  paying, 
for  all  and  every  the  rights,  privileges,  franchises, 
pre-eminences,  advantages,  jurisdictions,  courts, 
powers,  offices,  authorities,  tines,  amerciaments, 
perquisites,  fees,  ferriages,  profits,  immnnilies, 
lands,  tenements,  rents,  possessions,  heredita¬ 
ments,  and  other  real  estate,  and  all  other  the 
premises,  in  and  by  these  letters,  before  and  here¬ 
after  granted,  or  meant,  mentioned,  or  intended  to 
bo  hereby  granted  unto  us,  our  heirs,  and  successors, 
or,  unto  our,  or  their,  receiver-general  for  the  said 
province  of  New-York,  for  the  time  being,  at  the 
custom-house,  in  the  said  city  of  New-York,  year- 
jy  and  every  year,  on  the  feast  day  of  St.  Michael, 
the  Arch- Angel,  the  annual  rent  of  thirty  shillings, 
proclamation  money,  besides  and  over  and  above 
the  yearly  quit -rent  of  one  Beaver-skin,  or  the  va¬ 
lue  thereof,  in  current  money  of  our  said  province, 
in  and  by  the  aforesaid  recited  grant,  made  in  the 
year  one  thousand  six  hundred  and  eighty-six, 
reserved  to  be  paid  on  the  twenty-fifth  day  of  March, 


And  also, 
shall  have  40 
foot  broad  to¬ 
wards  the  East 
and  North 
rivers,  ior  trad¬ 
ing;  and  plant, 
ing  Batteries. 


To  hold  to  the 
corporation, 
under  the  year¬ 
ly  Quit  rent  of 
30s.  Proclama¬ 
tion  money, 
over  anil  above 
all  former  Quit- 
rents. 


104 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


Corporation 
quietly  enjoy, 
all  their  rights 
and  privileges. 


Without  th  e 
hindrance  of 
any  person 
whatsoever. 


yearly  forever ;  and  also  the  yearly  quit-rent  of 
five  shillings,  current  money  of  New-York,  in  and 
by  the  before  recited  letters  patent  of  Queen  Anne, 
reserved  to  be  paid  at  or  upon  the  feast-day  of  St. 
John  the  Baptist,  yearly  forever. 

And  we  do  further ,  of  our  especial  grace,  cer¬ 
tain  knowledge,  and  meer  motion,  for  us,  our  heirs, 
and  successors,  by  these  presents,  give  and  grant, 
unto  the  aforesaid  Mayor,  Aldermen,  and  Com¬ 
monalty,  of  the  said  city  of  New-York,  and  their 
successors  for  ever,  that  they  and  their  successors, 
all  and  singular  the  rights,  privileges,  franchises, 
pre-eminences,  advantages,  authorities,  jurisdic¬ 
tions,  liberties,  officers,  courts,  powers,  immuni¬ 
ties,  ferries,  ferriages,  profits,  and  perquisites, 
hereinbefore  mentioned,  or  intended  to  be  hereby 
granted  or  confirmed,  shall,  and  may  forever  here¬ 
after,  have,  hold,  enjoy,  and  use,  without  the  hin¬ 
drance  or  impediment  of  us,  our  heirs,  or  succes¬ 
sors,  or  of  any  of  the  justices,  sheriffs  escheators, 
coroners,  bailiffs,  or  other  officers,  or  ministers, 
whatsoever,  of  us,  our  heirs,  or  successors,  albeit 
the  same  or  some,  or  any  one  of  them,  have  uot 
been  used,  or  may  have  been  abused,  misused,  or 
discontinued,  forfeited,  or  lost,  being  unwilling, 
and  hereby  forbidding,  that  the  said  Mayor,  Al¬ 
dermen,  and  Commonalty,  or  their  successors,  or 
any  of  them,  by  reason  of  the  premises  aforsaid, 
or  any  part  thereof,  by  us,  our  heirs,  or  by  the 
justices,  sheriffs,  escheators,  bailiffs,  or  other  offi¬ 
cers  or  ministers  of  us,  our  heirs,  or  successors, 
be  hindered,  molested,  vexed,  or  aggrieved,  or  in 


JOHN  MONTGOMERIE,  ESQ..  GOVERNOR. 


105 


any  wise  disturbed  ;  being  willing,  and  by  these 
presents,  for  ourselves,  our  heirs,  and  successors, 
commanding  as  well  all  the  judges  and  justices  of 
us,  our  heirs,  and  successors,  as  the  attorney  and 
solicitor-general  of  us,  our  heirs,  and  successors, 
for  the  said  province,  for  the  time  being  ;  and 
also,  all  other  officers  and  ministers  whatsoever  of 
us,  our  heirs,  and  successors,  for  the  time  being, 
that  neither  they,  nor  any  of  them,  do  prosecute 
or  continue,  or  cause  to  be  prosecuted  or  continued, 
any  information,  or  any  writ,  or  summons  of 
Quo  Warranto ,  or  any  other  writ  or  writs,  pro-  By  any  inferma- 
secution,  suit,  or  processes,  whatsoever,  against  the  ^anto^ov  other 
aforesaid  Mayor,  Aldermen,  and  Commonalty  ofsuh- 
the  city  of  New-York,  or  their  successors  for  the 
time  being,  or  against  any  of  them,  for  any  causes, 
things,  offences,  claims,  usurpations,  or  omissions, 
or  any  of  them,  by  them,  the  said  Mayor,  Ader-  For  any  matter 
men,  and  Commonalty,  or  any  of  them,  or  by  the  w^at“ 

predecessors,  or  any  of  them,  or  by  any  other  May¬ 
or,  Aldermen,  and  Commonalty,  of  the  city  of  New- 
York,  or  any  of  them,  done,  attempted,  claimed^ 
used,  had,  usurped,  or  committed,  or  omitted  at  any  pe]^e°j  6 in°m* 

time  before  the  making  of  these  letters.  And  we  swer  before  any 

.  •  mi-  11  i  -i  n/T  *i  justice?,  officers 

being  willing  also  that  the  saiu  now  Mayor,  Al-  or  ministers,  for 

derinen,  and  Commonalty  of  the  city  of  New-  ,an^  claims  a- 

buses  or  other 

York,  and  their  successors,  shall  not,  nor  shall  any,  matters  had  or 
or  either  of  them,  be  molested,  or  impeached,  by  date  hereof  ^ 
or  before  any  judge  or  judges,  justice  or  justices, 
sheriffs,  officers,  or  other  ministers  aforesaid,  in 
or  for  any  use,  claim,  abuse,  usurpation,  of  any  the 

aforesaid,  or  of  any  other  liberties,  franchises,  or 

14 


106 


CHARTER  of  the  city  of  NEW-YORK. 


jurisdictions,  within  the  city  aforesaid,  and  the 
liberties  and  precincts  thereof,  before  the  day  of  the 
making  of  these  letters,  had  used,  claimed,  abus¬ 
ed,  or  usurped,  nor  to  or  for  them,  or  any  of  them, 
or  for  any  other  thing  whatsoever,  shall  be  com¬ 
pelled  to  answer ;  and  also  of  our  more  abun¬ 
dant  especial  grace,  certain  knowledge,  and  meer 
motion,  we  have  given,  pardoned,  remitted,  re¬ 
leased,  and  quit-claimed,  and  by  these  presents 
do,  for  ourselves,  our  heirs  and  successors,  give, 
pardon,  remit,  release,  and  quit  claim  to  the  afore¬ 
said  Mayor,  Aldermen,  and  Commonalty  of  the 
city  of  New-York  aforesaid,  and  to  their  succes¬ 
sors  forever,  by  whatsoever  name  the  same  Mayor, 
Aldermen,  and  Commonalty,  may  be  called,  named, 
G,rant’ ^eleas®.  or  styled,  or  lately  heretofore  were  called,  styled, 
all  suits  and  in-  named,  or  titled,  all  and  all  manner  and  actions 
prosecutions.11^  whatsoever  informations  and  suits  of  Quo  Warranto 
and  other  informations,  suits,  and  prosecutions; 
and  also,  all  and  singular  usages,  non-usages, 
abuses,  forfeitures,  usurpations,  intrusions,  omis¬ 
sions  and  also,  all  unjust  claims  of  any  rights, 
privileges,  liberties,  franchises,  jurisdictions,  courts, 
powers,  offices,  fees,  fines,  americaments,  ferries 
ferriages,  perquisites,  rents,  possessions,  lanes, 
tenements,  or  hereditaments,  whatsoever,  by  the 
aforesaid  Mayor,  Aldermen,  and  Commonalty, 
of  the  city  aforesaid,  or  by  any  of  their  prede¬ 
cessors,  or  by  any  other  Mayor,  Aldermen,  and 
Commonalty  of  the  city  of  New-York,  by  whatso¬ 
ever  name,  or  names,  or  incorporation,  or  by 
pretext  of  any  incorporation,  before  the  day  of 


JOHN  MONTGOMERIE,  ESQ..  GOVERNOR. 


107 


the  making  of  these  presents,  perpetrated,  made,  or 
claimed  ;  and,  also,  all  and  all  manner  of  fines,  ameiv  fines  forfeit* 
ciaments,  penalties,  sums  of  money,  and  other  for-  rues, 
feitures  whatsoever,  by  reason  of  such  usurpation, 
intrusion,  usage,  non-usage,  omission,  abuse,  or 
unjust  claim,  and  that  they  the  said  Mayor,  Aider- 
men,  and  Commonalty,  of  the  city  of  New- York, 
and  their  successors,  and  every  of  them  be,  and 
shall  be,  and  hereby  are,  thereof  fully  acquitted 
and  discharged  towards  us,  our  heirs,  and  succes¬ 
sors,  forever ;  being  unwilling  that  they,  or  any  of 
them,  should,  by  reason  of  the  premises  aforesaid, 
or  any  part  thereof,  by  us,  our  heirs,  or  succes¬ 
sors,  or  by  any  of  our  justices,  sheriffs,  ministers, 
or  officers,  whatsoever,  be  troubled,  molested,  or  in 
any  wise  vexed. 

And  further,  we  do  of  our  especial  grace,  certain  Covenant,  that 

knowledge,  and  meer  motion,  will,  declare,  and  shall  quietly  °n 

signify,  and  by  these  presents,  for  us,  our  heirs,  and  *;n.i°y  a11  their 

successors,  do  grant  unto,  and  covenant  with,  the  by  granted 

said  Mayor,  Aldermen,  and  Commonalty,  of  the  i^nd^te^ne5-’ 

city  of  New-York,  and  their  successors,  not  only  ments  an(J  he- 

J  reditaments. 

that  they  and  their  successors  forever  hereafter 
may,  and  shall,  have,  hold,  use,  possess,  and  enjoy, 
all  the  rights,  privileges,  liberties,  franchises,  juris¬ 
dictions,  courts,  powers,  offices,  authorities,  mar¬ 
kets,  ferries,  fees,  fines,  amerciaments,  perquisites, 
profits,  immunities  ;  and  also  all  the  rents,  posses¬ 
sions,  lands,  tenements,  and  hereditaments,  and 
all  other  the  premises  in  these  presents  mentioned, 
and  intended  to  be  hereby  granted  and  confirmed  ; 


108 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


This  grant 
of  the  inroll- 
ment  thereof 
to  be  of  force, 


and  be  ex¬ 
pounded  most 
benignly,  and 
in  favour  of  the 
corporation  in 
all  courts  and 
places  whatso¬ 
ever,  Notwith¬ 
standing  any 
imperfection, 
omission,  mat¬ 
ter.  cause  or 
th  ng  whatso¬ 
ever. 


but  also,  that  these  our  letters,  being  entered  upon 
record,  as  is  hereinafter  appointed,  and  the  re¬ 
cord  or  inrollment  thereof,  and  either  of  them, 
and  all  and  every  thing  therein  contained,  from 
time  to  time,  and  at  all  times  hereafter,  be,  and 
shall  be,  firm,  valid,  good,  sufficient,  and  effectual 
in  law  towards  and  against  us,  our  heirs,  and  suc¬ 
cessors,  according  to  the  true  intention  thereof ; 
and  in  and  through  all  things  shall  be  constru¬ 
ed,  taken,  and  expounded  most  benignly,  and  in 
favour,  and  for  the  most  and  greatest  advantage, 
profit,  and  benefit  of  the  said  Mayor,  Aldermen, 

t 

and  Commonalty,  of  the  city  of  New- York,  and 
their  successors,  as  well  in  all  courts  as  elsewhere, 
without  any  confirmation,  licences,  tolerations, 
procured  or  to  be  procured,  of  us,  our  heirs,  or 
successors,  notwithstanding  that  any  writ  or  writs 
of  ad  quod  damnum ,  hath  or  have  not  issued,  or  is 
or  are  not  returned,  before  the  making  of  these 
presents,  and  notwithstanding  the  not  reciting,  mis- 
reciting,  or  not  rightly  or  certainly  reciting,  or  ill 
or  wrong  reciting  the  said  rights,  privileges,  liber¬ 
ties,  franchises,  jurisdictions,  courts,  powers,  of¬ 
fices,  authorities,  markets,  ferries,  fees,  amercia¬ 
ments,  perquisites,  profits,  immunities,  rents,  pos¬ 
sessions,  lands,  tenements,  hereditaments,  and 
any  other  the  premises,  in  or  by  these  presents 
granted,  or  mentioned,  or  intended,  to  be  hereby 
granted,  or  any  part  or  parcel  thereof,  and  not¬ 
withstanding  the  not  finding,  or  ill  or  not  right  or 
certain  finding  of  any  office  or  offices,  inquisition 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


109 


or  inquisitions  of  the  premises,  hereby  granted  or 
mentioned,  or  intended,  to  be  hereby  granted,  or 
any  part  or  parcel  thereof,  by  which  our  title  in 
and  to  the  said  premises,  or  any  part  thereof,  might, 
could,  should,  or  ought  to  have  been  found,  be¬ 
fore  the  making  of  these  presents  ;  and  notwith¬ 
standing  any  defect  in  not  reciting  or  ill-reciting 
of  any  lease,  grant,  or  grants,  of  the  premises,  or 
any  part  thereof,  being  upon  record,  or  not  upon 
record,  or  otherwise,  howsoever ;  and  notwith¬ 
standing  the  ill-naming,  misnaming,  or  not  right 
or  certain  naming  any  place  or  precinct,  wherein 
the  premises,  or  any  part  thereof,  are  or  is ;  and 
notwithstanding,  any  defect  in  not  mentioning,  or 
not  fully,  rightly,  or  certainly,  mentioning  the  name 
or  names  of  all  or  any  the  rights,  privileges,  liber¬ 
ties,  franchises,  jurisdictions,  courts,  powers,  of¬ 
fices,  authorities,  markets,  ferries,  fees,  amerci¬ 
aments,  perquisites,  profits,  immunities,  rents, 
possessions,  lands,  tenements,  hereditaments,  or 
other  the  premises,  hereby  granted,  or  intended 
to  be  granted,  or  any  part  or  parcel  thereof ;  or  of 
the  yearly,  or  other  rent  of,  or  reserved  in,  and 
upon  the  premises,  or  any  part  thereof ;  and  not¬ 
withstanding  any  defect,  for  the  want  of  a  compu¬ 
tation  or  declaration,  or  for  the  omission  of  the 
true  value  of  the  premises,  in  these  presents  men¬ 
tioned  or  intended  to  be  hereby  granted,  or  any 
part  thereof,  and  notwithstanding  any  defect  in 
not  mentioning  our  true  right,  estate,  or  title  of  or 
to  the  same  premises,  or  any  part  or  parcel  of 
them ;  and  notwithstanding,  the  not  mentioning, 
or  not  fully,  rightly,  or  certainly,  mentioning  the 


110 


CHARTER  OF  THE  CITY  OF  NEW-YORK. 


natures,  kinds,  species,  or  quantities,  of  the  pre¬ 
mises,  or  any  of  them,  or  any  part  or  parcel  of 
them  and  notwithstanding  any  act,  statute,  or 


ordinance  of  parliament,  or  any  act  of  assembly ; 
and  notwithstanding  any  other  defects,  defaults  or 


If  any  fault 
or  imperfection 
should  hereaf¬ 
ter  be  found  in 
these  presents, 
that,  the  crown 
will  make  any 
other  grant  to 
the  corporation 
as  they  shall  see 
or  think  fit. 


imperfections,  or  any  other  cause  or  thing  what¬ 
soever,  And  further,  that  if  any  fault,  mistake^ 
or  imperfection,  in  time  to  come,  shall  be  found 
in  these  presents,  or  any  doubt,  scruple  or  question, 
be,  or  shall  be  made,  or  shall  happen  to  arise,  con¬ 
cerning  the  premises,  or  any  part  thereof,  that  we, 
our  heirs,  and  successors,  shall  and  will  vouchsafe 
to  make  any  other  grant  or  assurance,  under  the 


great  seal  of  us,  our  heirs,  or  successors,  of  the 


said  province  of  New-York,  to  the  Mayor,  Aider- 


men,  and  Commonalty,  of  the  city  of  New-York, 
for  the  time  being,  and  their  successors,  at  their 


own  proper  charges,  for  the  better  giving,  grant- 
At  their  costs  ing,  and  confirming,  and  for  their  safe  and  better 
and  charges.  enjoying  the  premises  aforesaid,  and  every  part 
thereof,  when  it  shall  be  desired  by  the  same 
Mayor,  Aldermen,  and  Commonalty  of  the  city 


This  grant 
to  be  made, 
and  sealed 
without  pay¬ 
ing  any  fee 
for  the  same 


of  New-York,  or  their  successors.  Also,  we  will? 
and  by  these  presents  grant  unto  the  said  Mayor, 
Aldermen,  and  Commonalty,  that  they  shall 
and  may  have  these  presents,  made  and  sealed 
under  the  great  seal  of  our  said  province  of 


New-York,  without  rendering,  paying  or  mak« 


Notwith¬ 
standing  any 
omission  or 
imperfection 
whatsoever. 


ing  any  fine  or  fee,  great  or  little  to  us,  or  to  our 
use,  for  the  same,  although  no  express  mention  is 
made  of  the  true  yearly  or  other  value,  or  of  the 
certainty  of  the  premises,  or  any  part  thereof,  or 
of  the  gifts  or  grants,  heretofore  by  us,  or  our  an- 


JOHN  MONTGOMERIE,  ESQ,.  GOVERNOR. 


Ill 


cestors,  or  by  any  Governor,  Lieutenant-Governor, 
or  Commander  in  Chief,  of  the  said  province  of 
New-York,  to  the  Mayor,  Aldermen  and  Com¬ 
monalty,  of  the  said  city  of  New-York,  or  to  the 
citizens  or  inhabitants  of  New-York,  aforesaid, 
by  that  or  any  other  name,  stile,  or  title,  or  any 
other  statute,  act,  ordinance,  proclamation,  provi¬ 
sion  or  restriction,  made,  published,  ordained,  or 
provided  to  the  contrary,  or  any  other  cause  or 
matter  whatsoever,  in  any  wise  notwithstanding. 

In  Testimony  whereof,  we  have  caused  these 
our  letters  to  be  made  patent,  and  the  great  seal  of 
our  said  province  to  be  hereunto  affixed,  and  the 
same  to  be  entered  of  record  in  our  secretary’s 
office  of  our  said  province  in  one  of  the  book  of 
patents  there  remaining.  Witness  our  trusty  and 
well-beloved  John  Montgomery ,  esq.  our  Captain- 
General  and  Governor  in  Chief  of  our  said  pro¬ 
vince  of  New-York,  and  the  province  of  New- 
Jersey,  and  teritories  depending  thereon  in  Ameri¬ 
ca,  and  Vice-Admiral  of  the  same,  &c.  at  our  Fort- 
George  in  New-York,  the  fifteenth  day  of  January, 
in  the  fourth  year  of  our  reign. 


Date 

Charter. 


of  the 


May  it  please  your  Excellency , 

I  HAVE  perused  this  Charter,  and  find  nothing 
therein  prejudicial  to  the  interest  of  his  Majesty. 

To  his  Excellency  ft.  BRADLEY, 

The  Governor  of  the  province  of 
New-York,  &c. 

15th  January ,  1730. 


Attorney -  General , 


112 


CHARTER  OP  THE  CITY  OF  NEW-YORK. 


I  DO  certify,  that  the  aforegoing  is  a  true  copy 
of  the  original  charter  remaining  in  the  clerk’s  of¬ 
fice  of  the  city  of  New- York,  carefully  examined 
and  compared  by 

T.  WORTMAN, 
Clerk,  JVew-York . 


6th  - 

GEORGE  II. 
A.  t).  1732. 


The  Mayor, 
Aldermen,  and 
Commonalty  of 
the  city  of  New 
York,  to  be  a 
corporation,  <5cc 


All  letters  pa¬ 
tent,  Sic.  here¬ 
tofore  made  to 
the  said  Mayor, 
&c.  declared 
good  and  yalid. 


An  ACT  for  confirming  unto  the  city  of  New- York, 
its  rights  and  privileges. 

Passed  the  14th  of  October,  1732. 

I.  BE  it  declared  and  enacted  by  the  Governor, 
the  Council ,  and  the  General  Assembly  of  the  colony , 
of  New-York,  and  it  is  hereby  enacted  by  the 
authority  of  the  same,  That  the  Mayor,  Alder¬ 
men,  and  Commonalty,  of  the  city  of  New-York, 
shall,  and  may,  forever  hereafter  remain,  continue, 
and  be  a  body  corporate  and  politic,  in  re  facto  et 
nomine  by  the  name  of  the  Mayor,  Aldermen,  and 
Commonalty  of  the  city  of  New-York;  and  by 
that  name  to  sue,  plead,  and  be  impleaded,  and  to 
answer,  and  to  be  answered,  without  any  seizure 
or  forejudger,  for,  or  upon  any,  pretence  of  any  for¬ 
feiture  or  misdemeanor  at  any  time  heretofore  done, 
committed,  or  suffered. 

II.  And  be  it  enacted  by  the  authority  aforesaid, 
That  all  and  singular  letters  patent,  grants,  char¬ 
ters,  and  gifts,  sealed  under  the  great  seal  of  the 
colony  of  New-York,  heretofore  made  and  grant¬ 
ed  unto  the  Mayor,  Aldermen,  and  Commonalty, 
of  the  city  of  New-York,  be,  and  are  hereby  de¬ 
clared  to  be,  and  shall  be  good,  valid,  perfect,  au¬ 
thentic,  and  effectual  in  the  law,  and  shall  stand, 


JOHN  MONTGOMERIE,  ESQ.  GOVERNOR. 


113 


be  taken,  reputed,  deemed,  and  adjudged  good, 
perfect,  sure,  available  authentic,  and  effectual 
in  the  law,  against  the  King’s  Majesty,  his  heirs, 
and  successors,  and  all  and  every*  person  and  per¬ 
sons,  whomsoever,  according  to  the  tenor  and  effect 
of  the  said  letters  patent,  grants,  charters,  and 
gifts. 

III.  And  be  it  enacted  by  the  authority  aforesaid , 
That  all  and  singular  letters  patent,  grants,  char¬ 
ters,  and  gifts,  sealed  under  the  great  seal  of  the 
colony  of  New-York,  heretofore  made  and  grant¬ 
ed  unto  the  Mayor,  Aldermen,  and  Commonalty,  of 
the  city  of  New-York,  be,  and  are,  to  all  intents 
and  purposes,  hereby  ratified  and  confirmed. 

IY.  And  be  it  enacted  by  the  authority  aforesaid , 
That  the  Mayor,  Aldermen,  and  Commonalty,  of 
the  city  of  New-York,  and  their  successors,  shall, 
and  may  forever  hereafter,  peaceably  have,  hold, 
use,  and  enjoy,  all  and  every  the  rights,  gifts,  char¬ 
ters,  grants,  powers,  liberties,  privileges,  franchises, 
customs,  usages,  constitutions,  immunities,  markets, 
duties,  tolls,  lands,  tenements,  estates  and  here¬ 
ditaments,  which  have  heretofore  been  given,  or 
granted,  unto  the  Mayor,  Aldermen,  and  Common¬ 
alty  of  the  city  of  New-York,  by  any  letters  patent, 
grant,  charter,  or  gift,  sealed  under  the  seal  of  the 
colony  of  New-York. 

Y.  And  be  it  enacted  by  the  authority  aforesaid , 
That  this  present  act  shall  be  accepted,  taken,  and 
reputed,  to  be  a  general  and  public  act  of  Assem¬ 
bly  ;  of  which  all  and  every  the  judges,  and  justices 

15 


And  are  hereby 
confirmed. 


And  also  all 
their  rights,  pri 
vileges,  fran¬ 
chises,  6;c. 


This  act  to  be 
taken  as  a  gen¬ 
eral  and  public 
Act. 


114  CHARTER  OF  THE  CITY  OF  NEW-YORK. 

of  this  colony,  in  all  courts,  and  all  other  persons, 
shall  take  notice  on  all  occasions  whatsoever,  as  if 
it  were  a  public  act  of  assembly,  relating  to  the 
whole  colony ;  any  thing  herein  contained  to  the 
contrary  thereof  in  any  wise  notwithstanding. 


FINIS. 


INDEX. 


Page 

ACRES,  the  soil  under  water  from  Bestaver’s  Killitie  to 
the  fort  on  the  North  River,  comprehending  82  1-2  ;  and  al¬ 
so  from  Corlaer’s-Hook  to  the  Whitehall,  comprehending 
127,  ceded  to  the  corporation,  101 

Aldermen,  the  number  of  to  be  six,  by  the  charter  of  1686,  8 

— —  - - the  number  encreased  to  seven,  in  1732,  47 

•  - jormeily  chosen  annually,  one  for  each  ward 

by  the  freemen  being  inhabitants  of  such  ward,  and  the 
freeholders  on  the  feast  of  St.  Michael,  55 

- formerly  sworn  into  office  on  the  14th  October 

annually,  56 

— - ,  any  one  of  the,  may  commit  to  the  common 

gaol  persons  guilty  or  suspected  of  crimes  &  misdemeanors,  18 

- any  one  of  the,  may  commit  to  the  bridewell 

or  work  house,  rogues,  vagabonds,  and  suspicious  persons. 

— See  Bridewell  and  W orkhouse,  74 

■  — - assigned  justice  of  the  peace,  16  &  79 

- and  justices  of  Oyer  and  Terminer,  and  of  the 

Gaol  delivery,  81 

- each  of  the,  authorised  to  hear  and  determine, 

either  with  or  without  a  jury,  all  causes  under  405.  89 

- may  commit  to  prison  the  party  who  refuses  to 

comply  with  his  decision,  ib. 

•  - should  any  of  the,  refuse  to  serve,  die,  or  re¬ 

move  out  of  the  city,  during  the  term  for  which  he  was  elec¬ 
ted,  another  shall  be  chosen  in  his  room,  58 

- if  any  freeholder  and  freemen  shall  be  appoint¬ 
ed  as  Alderman  and  decline  to  serve,  he  is  liable  to  a  fine 
of  fifteen  pounds  and  another  shall  be  appointed  in  his 
room,  60  &  61 

- ,  the  Mayor  may  appoint  one  of  the,  to  be  ap- 


11 


INDEX. 


proved  of  by  the  Governor,  as  his  deputy. — See  Deputy 
Mayor,  48 

Jile,  the  assize  of,  granted  to  the  corporation,  68 

- gaugers  of,  may  be  appointed  by  the  corporation,  73 

- public  sellers  of,  by  retail,  shall  obtain  an  annual 

licence  from  the  Mayor,  77 

- persons  selling  without  licence  forfeit  five  pounds,  78 

Miens,  shall  not  be  admitted  freemen  of  the  city,  21  &  72 
Alleys ,  the  power  of  laying  out,  altering,  and  amending, 
vested  in  the  corporation,  5  &  67 

Alms-House,  corporation  authorised  to  build,  or  to  appro¬ 
priate  any  of  their  buildings  for  an,  74 

- ,  keepers  of  the,  to  be  appointed  by  the  cor¬ 
poration,  75 

Amerciaments,  reasonable,  may  be  imposed  by  the  com¬ 
mon  council,  on  those  who  offend  against  their  laws,  13 

Assessors,  the  number  to  be  sixteen,  48 

-  two  by  “  charter”  chosen  annually  for  each  of 

the  first  six  wards  and  four  for  the  out  ward,  by  the  freemen 
being  inhabitants  and  the  freeholders,  on  the  feast  of  St. 
Michael,  55 

-  should  any  one  die  or  remove  out  of  the  city 

during  the  time  for  which  he  was  elected,  another  shall  be 
chosen  in  his  room,  58 

- when  any  freeholder  or  freeman  shall  be  chosen 

assessor  and  declines  to  serve,  he  is  liable  to  a  fine  of  fif¬ 
teen  pounds,  60 

Assistants  to  the  Aldermen,  the  number  of,  at  first,  6,  8 

- - -  encreased  to  seven  in  the  year  1732,  47 

- ,  one  for  each  ward  formerly  chosen  by  the  ma¬ 
jority  of  voices  of  the  freemen  being  inhabitants  and  the 
freeholders,  on  the  feast  of  St.  Michael,  55 

- ,  should  any  one  die  or  remove  from  the  city, 

during  the  time  for  which  he  was  elected,  another  shall  be 
chosen  in  his  stead,  58 

- when  any  freeholder  or  freeman  shall  be  chosen 

as  assessor  and  declines  to  serve,  he  is  liable  to  a  fine  of 
fifteen  pounds,  60 


INDEX.  iii 

/ 

Assize  of  bread,  wine,  beer,  ale,  &c.  granted  to  the  cor¬ 
poration,  68 

Attorneys,  by  charter,  eight  only  were  appointed  for  the 
mayor’s  court,  to  continue  in  office  during  good  behaviour,  86 

- —  besides  these  and  the  attorney  and  solicitor 

general,  no  other  allowed  to  practise,  88 

- after  (he  death  or  removal  of  any  two  or  more, 

the  number  to  be  limited  to  six,  87 

- how  removable  from  office  for  bad  behaviour,  ib. 

- none  shall  be  admitted  unless  recommended 

by  the  mayor,  deputy  mayor,  or  recorder,  and  at  least 
three  aldermen,  and  approved  of  by  the  governor,  68 

Authorities  those  anciently  enjoyed  by  the  city,  confirmed 
by  the  charter,  8 

B. 

BATTERIES,  the  corporation  in  wharving  out,  upon 
the  North  and  East  Rivers,  shall  leave  40  feet  for  the  pur¬ 
pose  of  trade  and  planting  batteries,  103 

Bayard,  Nicholas,  constituted  first  mayor,  by  the  char¬ 
ter  of  1686,  1 1 

Beadles  formerly  appointed  by  the  corporation,  73 

Beaver  Skin,  a,  to  be  paid  annually  by  the  corporation 
as  a  quit  rent  for  the  immunities  granted  to  them  in  1686,  7 

Bedlow  Island  within  the  jurisdiction  of  the  city  of  Nevv- 
York,  41 

Beef,  the  common  council  authorised  to  appoint  survey¬ 
ors  of,  78 

Beer,  public  sellers  of,  by  retail,  shall  annually  be  li¬ 
censed  by  the  Mayor,  19  &  77 

- penalty  for  thus  selling  without  licence,  78 

- - the  assize  of,  granted  to  the  corporation,  68 

- ,  gaugers  of,  may  be  appointed  by  the  corporation,  78 

Bellmen,  formerly  appointed  by  the  corporation,  73 

Boundries  of  the  city,  7  &  41 

Brandy,  public  sellers  of,  by  retail,  shall  annually  be  li¬ 
censed  by  the  mayor,  77 

- penalty  for  selling  without  licence,  78 


IV 


INDEX. 


Brandy ,  gaugers  of,  may  be  appointed  by  the  corporation,  73 
Bread ,  the  assize  of,  granted  to  the  corporation,  68 

- the  corporation  authorised  to  appoint  surveyors  of,  73 

Bridewell ,  corporation  authorised  to  erect  or  appropriate 
one  or  more  of  their  buildings  for  a  bridewell  or  bride¬ 
wells,  ib. 

—  - keepers  of,  to  be  appointed  by  the  corporation,  ib, 

—  - rogues,  vagabonds,  stragglers,  and  suspicious 

persons  may  be  committed  to,  by  the  mayor,  recorder,  or 
any  alderman,  74 

Bucking  Island,  within  the  jurisdiction  of  the  city,  41 

Burying  Ground ,  new,  the  profits  arising  from  the  grant¬ 
ed  to  the  corporation,  5 

C. 

Chamberlain,  formerly  appointed  on  the  feast  of  St.  Mi¬ 
chael,  by  the  common  council,  55 

- now  appointed  on  the  day  of  the  election  of 

charter  officers,  ib. 

- should  he  die  or  remove  ont  of  the  city  du¬ 
ring  the  time  for  which  he  was  elected,  the  common  council 
shall  appoint  another  in  his  room,  59 

- shall  attend  upon  the  mayor,  aldermen,  and 

recorder,  and  execute  their  commands,  90 

Charitable  Uses ,  lands,  tenements,  goods,  or  chattels, 
previously  given  for,  shall  not  be  employed  to  any  purpose 
different  from  the  intention  of  the  donor,  25 

Charter ,  to  be  expounded  most  benignly,  and  in  favor 

of  the  corporation,  notwithstanding  any  imperfection,  omis¬ 
sion,  &c.  108 

Charier  Officers,  formerly  elected  annually  on  the  feast  of 

St.  Michael,  by  the  freeholders  and  freemen  in  each  respec¬ 
tive  ward,  55 

- - - formerly  sworn  into  office  on  the  14th  Oc¬ 
tober  annually,  56 

- should  any  of  the,  die,  or  remove  out  of 

the  city,  during  the  time  for  which  he  w’as  elected,  another 
shall  be  chosen  in  his  room,  58 

—  - - when  any  freeholder  or  freeman  shall  be 


INDEX. 


v 


appointed  as  a  charter  officer,  and  shall  decline  to  serve,  he 
is  liable  to  a  fine  of  15  pounds,  and  another  shall  be  ap¬ 
pointed  in  his  room,  60  &  61 

Clerk  Town  or  common,  shall  also  be  clerk  of  the 
court  of  record,  of  the  peace  [and  of  the  sessions  of  the 
peace,  84 

- -  upon  his  death,  the  governor  may  appoint 

another,  85 

- - - when  the  office  of,  becomes  vacant,  the  com¬ 
mon  council  may  appoint  one  to  act,  till  another  shall  be 
appointed  by  the  governor  and  sworn,  86 

- shall  attend  upon  the  mayor,  recorder,  and 

aldermen,  to  execute  their  commands,  90 

Collectors,  the  number  of  the,  formerly  eight,  52 

- of  these  one  was  to  be  chosen  for  each  of  the 

first  six  wards  and  two  for  the  out  ward,  by  the  freemen  and 
freeholders,  annually  on  St.  Michael’s  day,  55 

- should  any  one  die,  or  remove  out  of  the  city, 

during  the  time  for  which  he  was  elected,  another  shall  be 
chosen  in  his  stead,  58 


- when  any  freeholder  or  freeman,  who  shall  be 

elected  as  collector,  shall  decline  to  serve,  he  is  liable  to  a 
fine  of  fifteen  pounds,  and  another  shall  be  chosen  in  his 
stead,  60  &  61 

Common  Council  in  1686,  to  consist  of  the  mayor  and  at 
least  3  aldermen  and  3  assistants,  12 

- in  1732,  the  number  encreased  to  the 

mayor  or  recorder,  and  at  least  4  aldermen  and  4  assist¬ 
ants,  62 

- the  market  houses,  bridge,  dock,  wharves, 

new  buriel  ground  and  ferry,  with  all  profits  arising  there¬ 
from,  granted  to  the,  4 

- all  waste  and  unappropriated  lands  on 

Manhattan  Island,  extending  as  far  as  low-water-mark,  to¬ 
gether  with  all  livers,  &c.  granted  to  the,  6 

- - also  all  streets,  lanes,  alleys,  and  high¬ 
ways,  with  the  power  of  laying  out  and  amending  the  same, 
provided  the  property  of  individuals  be  not  impressed,  5 


INDEX. 


Common  Council  as  also  the  royalties  of  fishing,  fowling, 
hunting,  &c.  and  all  mines,  except  those  of  gold  and  silver, 

- empowered  by  the  charter  of  1686,  to 

make,  alter,  and  repeal  laws,  provided  they  be  not  repug¬ 
nant  to  the  king’s  prerogative,  the  laws  of  England,  and 
the  acts  of  the  assembly,  and  that  they  do  not  remain  in 
force  longer  than  three  months,  unless  sanctioned  by  the 
governor  and  council, 

- -  may  impose  discretionary  fines  for  the 

non-observance  of  such  laws, 

- may  purchase  and  hold  lands,  tenements, 

&c.  in  fee  simple,  not  exceeding  1,0001.  per  annum,  and 
dispose  of  the  same  at  pleasure, 

- may  take  in,  fill  up,  and  lay  out  the  ground 

in  and  about  the  city  and  island,  and  build  upon  the  same  as 
far  into  the  rivers  thereof  and  that  encompass  the  same  as 
low  water-mark, 

- -shall  enjoy  all  the  profits  accruing  from 

the  ferry  between  New-York  and  Long-Island,  and  also 
from  the  vacant  and  unappropriated  land  between  high  and 
low-water-mark,  from  the  Wallabout  to  Red-Hook,  except 
that  persons  having  plantations  on  the  river  side,  may  trans¬ 
port  themselves  and  goods  in  their  own  boats  free  of  ex¬ 
pence, 

- shall  pay  for  the  said  ferry  an  annual  quit 

rent  of  five  shillings, 

- may  establish  and  regulate  as  many  ferries 

as  they  may  see  fit,  32  Sc 

- may  purchase  and  hold  lands  and  tene« 

ments,  goods,  and  chattels,  within  or  without  the  province, 
and  dispose  of  the  same  at  pleasure, 

- may  exact  a  fine,  not  exceeding  1 5  pounds, 

on  any  freeholder  or  freeman,  who,  after  being  elected  as 
a  charter  officer,  shall  decline  to  serve, 

- may  by  the  charter  of  1732,  make  by¬ 
laws  not  repugnant  to  the  laws  of  England  or  of  the  pro¬ 
vince,  which  shall  not  continue  in  force  longer  than  twelve 
months,  unless  confirmed  by  the  governor  and  council, 


INDEX. 


Vll 


Common  Council  may  either  disfranchise  or  fine  those 
who  transgress  the  by-laws, 

- may  hold  as  many  markets  as  they  shall 

judge  proper,  on  every  day  except  Sundays, 

- have  sole  power  of  determining  the  elec¬ 
tions  of  all  their  officers  and  ministers,  elected  in  and  for 
the  corporation, 

- - may  fine  any  of  their  members  or  officers, 

in  the  sum  of  20s.  who,  after  due  notice,  shall  neglect  to  at¬ 
tend  a  meeting  of  the  corporation,  unless  a  reasonable  ex¬ 
cuse  shall  be  produced  to  the  contrary, 

- may  appoint  surveyors,  measurers,  gua- 


63 


6S 


65 


ib. 


gers,  watchmen, 

bridewell  keepers,  &c.  and  displace  them 

at  pleasure, 

-  may  have  one  or  more  gaols,  bridewells, 

73 

&c. 

-  may  appoint  and  remove  the  keepers  at 

74 

their  pleasure, 

-  may  build  an  alms-house  and  appoint  the 

75 

officers  thereof, 

73  &  75 

- vested  with  the  soil  under  water  from  Bes- 

taver’s  Killitie  to  the  fort  on  the  North  River,  and  also  from 
Corlear’s  Hook  to  Whitehall  on  the  East  River,  compre¬ 
hending  400  feet  below  low-water  mark,  101 

- may  wharf  out  the  same  and  use  it,  as 

they  may  see  fit,  provided  they  do  not  wharf  out  before 
those  who  have  prior  grants  without  their  consent,  102 

- they  shall  also  leave  40  ft.  broad,  towards 

the  East  &  North  Rivers,  for  trading  &  planting  batteries,  103 

- shall  pay  a  certain  quit  rent,  ib, 

_ shall  enjoy,  without  any  let  or  hindrance, 

all  their  former  rights  and  privileges,  104 

Common  Picas ,  court  of,  may  be  held,  on  every  Tuesday 
by  the  Mayor,  Recorder,  and  Aldermen,  or  any  three  of 
them,  whereof  the  Mayor  or  Recorder  shall  be  one,  23 

High  Constable ,  how  appointed,  9  &  17 

Constables ,  seven  were  to  be  elected,  according  to  the 
charter  of  1686,  9 


16 


Vlll 


INDEX. 


Constables  and  chosen  annually,  on  the  feast  of  St.  Mi¬ 
chael,  viz.  one  for  each  of  the  first  five  wards  respectively, 
and  two  for  the  out  ward,  by  the  majority  of  voices,  /  17 

-  number  of  the  increased  to  16,  48 

-  two  of  whom  were  to  be  elected  annually,  on 

the  feast  of  St.  Michael,  for  each  of  the  first  six  wards 
respectively,  and  four  for  the  out-ward,  by  the  freeholders 

and  freemen  viva  voce ,  54 

- should  any  one  die  or  remove,  during  the  time 

for  which  he  was  appointed,  another  shall  be  elected  in  his 
stead,  58 

-  should  any  freeholder  or  freeman,  who  has  been 

elected  as  constable,  refuse  to  serve,  he  is  liable  to  a  fine 
of  15/.  and  another  shall  be  elected  in  his  room,  60  61 

-  shall  attend  upon  the  Mayor,  Recorder,  and 

on  any  of  the  Aldermen  to  execute  their  commands,  18  &  90 
Coroner  formerly  appointed  by  the  governor,  now  by  the 
council  of  appointment,  54 

-  should  he  die  during  the  time  for  which  he  was 

appointed,  another  shall  be  appointed  in  his  stead,  56 

-  shall  take  an  oath  of  office,  58 

Corporation  of  the  city  of  Nevv-York,  members  of  the 
formerly  known  by  various  names,  2 

- -  known,  by  charter,  under  the  name  of  the 

“  Mayor,  Aldermen,  and  Commonalty  of  the  city  of  New- 
York,”  9  $  39 

- no  one  of  the,  shall  be  compelled  to  serve 

upon  any  jury,  nor  execute  any  office  whatever  out  of  the 
jurisdiction  of  the  city,  so  long  as  they  remain  inhabitants 
thereof,  94 

See  Common  Council ,  and  Mayor,  Alderman,  and  Com - 
monalty. 

Correction,  the  common  'council  authorised  to  build  a 
house  of,  and  to  appoint  pind  remove  the  keeper  or  keepers 
thereof  at  pleasure,  73 

Criers,  public,  may  be  appointed  by  the  common  council,  ib. 
Cidlers ,  to  be  licensed  by  the  Mayor,  during  his  pleasure,  76 
Cider,  public  sellers  of,  by  retail  shall  annually  obtain  a 
licence  from  the  Mayor, 


19 


INDEX. 


IX 


Cider  penalty  for  selling  without  licence,  78 

-  guagers  to  be  appointed  by  the  corporation,  73 

D. 

DEPUTY-MAYOR,  the  Mayor  may  appoint  one  of  the 
Aldermen  as  his  deputy,  who,  after  being  approved  of  by 
the  governor,  shall  during  the  sickness  or  absence  of  his 
principal,  in  all  respects  officiate  in  his  stead,  48 

- if  the  Mayor  die,  the  deputy  shall  ex¬ 
ecute  the  duties  of  the  office  till  a  successor  shall  be  ap¬ 
pointed  and  sworn  into  office,  49  &  93 

- assigned  justice,  79 

- his  oath  of  office,  92 

Docks ,  the  profits  arising  from,  in  the  city,  granted  to  the 
corporation,  5  <$•  99 

Dock  fVcird ,  the  old,  how  bounded,  43 

E. 


EAST  WARD,  the  old,  how  bounded,  45 

Election,  the  annual,  for  charter  officers,  formerly  held  on 

the  feast  of  St.  Michael,  by  the  freeholders  and  freemen 

viva  voce.  55* 

$ 

Extent  of  the  City  by  the  charter,  7  41 

F. 

FELONIES,  persons  guilty  of,  or  suspected  of,  may  be 
committed  to  gaol  by  the  Mayor,  Ilecorder,  or  any  of  the 
Aldermen,  18 

- to  be  heard  and  determined  before  the  court 

of  sessions,  80 

Ferry,  between  New-York  and  Long-Island,  granted  to 
the  corporation  in  1 686,  5 

-  together  with  all  the  vacant  and  unappropriated 

lands  on  Long  Island,  between  high  and  low-water-maik 
from  the  Wallabout  or  Red-Hook,  29  &  98 

-  liberty  reserved  to  those  having  plantations  near 

the  river  ^between  the  Wallabout  to  Red-Hook,  to  trans¬ 
port  themselves  and  their  goods  in  their  own  boats  without 
paying  ferrage,  31 

-  common  council  empowered  to  establish  as  many 

as  they  see  fit,  32  &  66 

- may  mkae  laws  and  rules  for  the  government  of,  99 


♦ 


X 


INDEX. 


Fines ,  reasonable  may  be  imposed  by  the  common  coun¬ 
cil,  on  those  who  violate  their  laws,  13 

— —  persons,  not  freemen  carrying  on  any  trade  or  mer¬ 
chandise,  except  during  the  time  of  fairs,  subject  to  a  fine 
of  5/.  20  &  21 

-  a  freeholder  or  freeman,  elected  as  a  charter  officer 

and  declining  to  serve,  subject  to  a  fine  of  15/.  60 

—  --  a  member  of  the  common  council,  neglecting  to 
attend  a  meeting  when  duly  notified,  liable  to  a  fine  of  205.  ib. 
-  persons  selling  liquor,  without  licence,  liable  to  a 


fine,  69 

-  imposed  by  the  common  council,  may  be  recover¬ 
ed  for  the  use  of, the  corporation  either  by  action  of  debt,  or 

by  warrant  under  the  hand  and  seal  of  the  Mayor,  Recorder, 
or  any  of  the  Aldermen,  64 

Flour ,  the  common  council  authorised  to  appoint  survey¬ 
ors  of,  73 

Forestalling,  the  mayor  or  recorder,  with  at  least  3  aider- 
men,  authorised  to  hear  and  determine  concerning,  80 

Franchises,  those  anciently  enjoyed  by  the  city  confirmed 
by  charter  to  the  common  council,  8,  99,  &  10't 

Freeholder ,  or  Freeman ,  when  elected  as  an  alderman, 
assistant,  collector,  or  constable,  and  refusing  to  serve,  lia¬ 
ble  to  a  fine  of  15/.  60 

Freemen ,  may  by  charter  of  1686,  be  made  by  the  mayor 
and  any  three  aldermen,  20 

-  by  charter  of  1732,  by  the  mayor  and  any  four 

aldermen,  70 

-  none  but  freemen  shall  exercise  any  trade  or 

merchandise,  except  during  fairs,  under  the  penalty  of  hav¬ 
ing  their  shop  windows  shut  up,  and  being  fined,  not  ex¬ 


ceeding  five  pounds,  20  &  7l 

-  none  shall  be  admitted  as,  except  citizens  by 

birth  or  naturalization,  21  &  72 

persons  admitted  as,  to  p‘ay  a  sum  not  exceed- 

21  &  70 

and  freemen  of  each  respective  ward  formerly 


ing  5/. 


INDEX. 


xi 


annually  chose  charter  officers,  by  plurality  of  votes,  on  the 
feast  of  St.  Michael,  55 

This  is  now  changed — See  Franchise . 

Freemen  shall  not  be  compelled  to  serve  on  any  jury  or 
inquest,  nor  to  execute  any  office,  out  of  the  jurisdiction  of 
the  city,  so  long  as  they  remain  inhabitants,  94 

G. 

GARBLES,  may  be  appointed  by  the  common  council,  73 
Guagers  of  wine,  beer,  ale,  cider,  rum,  brandy,  &c.  may 
be  appointed  and  removed  at  pleasure,  by  the  common 


council,  ib. 

Gaol  Delivery — See  Oyer  and  Terminer . 

Gaols,  the  corporation  may  have  one  or  more,  74 

- the  keepers  of,  to  be  appointed  by  the  common 

council,  75 

Gaoler  shall  take  into  custody,  malefactors  committed  by 
the  mayor,  recorder,  or  any  alderman,  and  keep  them  till 
delivered  by  law,  IS  &  75 

- shall  receive  into  custody  such  persons,  as  the 

mayor,  recorder,  or  any  alderman,  may,  in  certain  cases, 
commit  for  non-compliance  with  their  decrees,  90 

- shall  be  obedient  to  attend  upon  the  mayor,  re¬ 
corder,  and  aldermen,  and  each  of  them  to  execute  their 
commands,  ib. 

Grain,  the  common  council  to  appoint  measurers  of,  73 

Great  Barn  Island ,  within  the  jurisdiction  of  the  city,  41 

H. 

HEREDITAMENTS ,  anciently  enjoyed,  confirmed 
by  the  charter,  8 

- given  for  charitable  or  pious  uses, 

shall  not  be  applied  to  any  purpose  different  from  the  inten¬ 
tion  of  the  donor,  25 


High  Constable,  to  be  annually  appointed  by  the  may¬ 
or  17  &  55 

- dying  before  the  time,  for  which  he  was 

appointed,  another  shall  be  appointed  in  his  stead,  ib 

High  water  and  low  water  mark,  all  the  vacant  and  unap¬ 
propriated  land^between,  on  Long  Island,  from  the  Walla- 
bout  to  Red-Hook  granted  to  the  corporation,  29 


INDEX. 


xii 

Highways ,  the  power  of  laying  out,  altering,  and  amend¬ 
ing,  granted  to  the  corporation — See  Roads.  67 

I. 

IDLE  PERSONS ,  having  no  visible  way  of  livlihood, 
may  be  committed  to  bridewell  by  the  mayor,  recorder,  or 
any  of  the  aldermen,  73 

- - — where  they  might  be  formerly  punish¬ 
ed,  not  exceeding  life  and  limb,  at  the  discretion  of  a  magis¬ 
trate,  ib. 

J. 

JURISDICTION  of  the  city,  its  extent  and  limits,.  7  &  41 
Justices  of  the  peace ,  the  mayor,  deputy  mayor,  recorder, 
and  aldermen,  are,  by  virtue  of  their  offices,  79 

L. 

Lands,  formerly  belonging  to  the  city  confirmed  by  the 
charter,  8 

- granted  for  pious  or  charitable  purposes,  shall 

never  be  appropriated  in  a  manner  contrary  to  the  intention 
of  the  donor,  25 

- all  vacant  and  unappropriated,  on  Long-Island, 

from  high  to  low  water  mark,  between  the  Wallabout  and 
Red  Hook,  granted  to  the  corporation,  29 

Lanes,  the  power  of  laying  out,  altering,  and  amending, 
vested  in  the  common  council,  5  &  67 

Laws,  agreeably  to  charter,  could  not  formerly  be  passed 
by  the  common  council,  that  were  repugnant  to  the  king’s 
prerogative,  the  laws  of  England  or  acts  of  the  assembly,  13 

- could  at  first  be  in  force  only  for  3  months,  unless 

confirmed  by  the  governor  and  council,  ih . 

- - in  1732,  could  remain  in  force  for  no  longer  than  12 

months,  unless  confirmed  as  above,  63 

Liberties,  those  anciently  enjoyed  by  the  city,  confirmed 
by  the  charter,  8  &  107 

Licences,  tavern  keepers  must  annually  obtain  from  the 
mayor,  19  &  77 

-  persons  selling  liquors  without  licence,  liable  to 

a  penalty,  78 

- marshals,  porters,  cartmen,  packers,  cullers  &c. 

shall  have  licence  from  the  mayor,  during  his  pleasure, 


77 


INDEX. 


xm 


Limits  or  boundaries  of  the  city  described,  7  41 

Liquors ,  strong,  public  sellers  of  by  retail,  shall  annually 
take  out  a  licence'' from  the  mayor,  19 

-  excisable  liquors,  guagers  of,  may  be  appointed 

by  the  common  council,  73 

Little  Barn  Island,  within  the  jurisdiction  of  this  city,  41 

- -  all  along  the  shore  of,  from  directly 

opposite  the  mouth  of  the  creek  called  Spyten  Devil  to  the 
south  side  ol  Red  Hook,  granted  to  the  corporation,  ib. 


M. 


» MALEFACTORS ,  or  persons  suspected  as  such,  may 
be  committed  to  the  common  gaol,  by  the  mayor,  recorder, 
or  any  of  the  aldermen, 

Manhattan  Island,  all  waste  and  unappropriated  lands  on, 
as  far  as  low  water  mark,  as  also  the  royalties  of  fishing, 
fowling,  hunting,  fyc.  granted  by  charter  to  the  common 
council, 

*  Manning’s  Island,  within  the  jurisdiction  of  the, 

Manual  Occupation — See  Trade, 

Market,  Clerk  of  the,  by  the  charter  of  16S6,  to  be  ap¬ 
pointed  by  his  majesty,  and  in  defect  thereof,  by  the  gover¬ 
nor, 

- -  to  be  sworn  faithfully  to  perform 

the  duties  of  his  office, 

_ mayor,  by  himself,  or  deputy,  shall 

execute  the  duties  and  receive  the  emoluments  of  that  office, 

Markets,  the  common  council  authorized,  by  the  charter 
of  16S6,  to  hold  3  in  each  week,  viz.  on  Tuesdays,  Thurs¬ 
days  and  Saturdays, 

- by  charter  of  1732,  may  hold  markets  in  5  dif¬ 
ferent  places  daily,  Sundays  excepted,  and  as  many  more 
as  they  shall  see  fit, 

Marshal,  or  serjeant  at  mace,  to'be  appointed, 

Marshals,  to  be  licensed  by  the  mayor,  during  his  plea¬ 
sure, 

- shall  be  obedient  to  and  attend  upon  the  may¬ 
or,  or  recorder,  or  any  of  the  aldermen,  to  execute  their 
commands,  precepts,  warrants,  <£c. 


18 


7 

41 

ib. 


15 

ib. 

76 

22 

68 

9 

76 

90 


xiy  INDEX. 

Mayor ,  Nicholas  Bayard,  the  first  nominated  to  that  of¬ 
fice  in  the  charter  of  1686,  11 

-  formerly  appointed  by  the  governor  and  council 

on  St.  Michael’s  day,  before  whom  be  was  on  the  14th  Oc¬ 
tober  following,  to  take  the  oath  of  office,  14 

-  may  noiv  be  sworn  into  office  at  any  time — See 

note ,  55 

-  shall  annually  appoint  an  high  constable,  17  fy  55 

- '  may  commit  to  the  common  gaol,  persons  guilty 

or  suspected  of  crimes,  misdemeanors,  <^c.  18 

-  may  annually  grant  licences  to  tavern  keepers, 

innkeepers,  fyc.  19  77 

- may  appoint  one  of  the  aldermen  as  his  deputy, 

who,  after  being  approved  of  by  the  governor,  shall,  during 
the  sickness  or  absence  of  the  mayor,  officiate  in  his  stead- 
See  Deputy  Mayor ,  48 

- should  the  mayor  die,  during  the  time  for  which  he 

was  elected,  the  governor  and  council  shall  appoint  another 
in  his  room,  56 

- may  summon  the  common  council  to  meet  at  such 

times  and  places  as  he  may  think  proper,  65 

- may  commit  to  the  Bridewell  or  work-house, 

rogues,  vagabonds,  stragglers  and  suspicious  persons,  74 

See  Bridewell  and  Workhouse. 

- shall  be  the  clerk  of  the  market,  75 

- as  also  water  bailiff,  76 

- shall  receive  the  fees  appertaining  to  both  officers,  ib. 

- shall  licence,  during  his  pleasure,  marshals,  por¬ 
ters  carmen,  packers,  cullers,  <^c.  77 

- may  determine  all  causes  with  or  without  a  jury, 

where  the  matter  in  dispute  does  not  exceed  40s.  89 

-  in  case  of  such  determination,  may  commit  to 

prison  either  party  refusing  to  comply  therewith,  ib . 

Mayor ,  Jllderman ,  and  Commonalty ,  invested  by  charter 
of  1786,  with  all  ancient  rights  and  privileges  formerly  con¬ 
ferred  on  the  city,  4 

-  made  a  body  politic  and  corporate,  capable  of 

purchasing  and  demising  lands  and  chattels,  9 


INDEX. 


xv 


- —  made  capable  of  pleading  and  being  pleaded — 

See  Common  Council ,  39 

Mayor's  Court,  formerly  held  before  the  mayor  or  his* 
deputy,  or  recorder  and  three  or  more  aldermen,  82 

Mayor  Recorder,  and  Aldermen,  made  justices  of  Oyer 
and  Terminer,  and  general  gaol  delivery,  and  shall  be  so 
uamed  in  every  commission,  81 

- any  of  them  may  perform  any  office  appertaining 

to  justices  of  the  peace,  81 

Measurers,  the  common  council  authorised  to  appoint,  73 


Merchandize,  none  but  freemen  shall  expose  any  for  sale 
by  retail,  except  during  the  time  of  a  fair,  under  the  penalty 
of  having  their  shop  windows  shut  up,  and  being  fined  in  a 
sum  not  exceeding  ol.  21 

See  Freemen. 

Mines,  those  of  gold  and  silver  excepted,  granted  to  the 
corporation,  7,  99,  &  100 

Misdemeanor,  the  mayor,  or  recorder,  or  any  alderman 
may  commit  any  person  to  the  common  goal  for,  or  on 
suspicion  of,  18 

Montgomery  Ward,  the  boundaries  of,  46 


Mystery — See  Trade . 

N. 

NASS  A.  TJ-ISLAND — See  Long-Island. 

New  Amsterdam,  the  former  name  of  the  city  of  N.  York,  2 
N  ew-Yorh ,  declared  to  be  an  ancient  city,  1 

- the  citizens  of,  anciently  a  body  politic  under 

the  Dutch  nation,  2 

- confirmed  by  charter  in  the  lands,  tenements, 

and  hereditaments,  which  formerly  belonged  to  them,  6 

- jurisdiction  of  the  city  in  1686,  to  extend  to 

low  wrater  mark  all  round  Manhattan  Island,  7 


- extent  and  jurisdiction  of,  as  defined  in  1732, 

to  begin  at  Spyten  Devil  Creek,  on  the  Westchester  side, 
at  low  water  mark  ;  thence  along  the  said  creek  to  the 
East  river  ;  from  thence  across  to  low  water  mark,  on  Long- 
Island,  including  certain  islands,  all  along  said  Island, 
at  low  water  mark  to  the  south  side  of  Red-Hook  ;  thence 

17 


xvi 


INDEX. 


to  cross  the  North  Kiver,  so  as  to  include  certain  islands,  to 
low  water  mark  on  the  West  side  of  the  North  river,  or  so 
far  as  the  province  extends,  and  so  run  up  the  West  side  of 
said  river  till  it  comes  directly  opposite  Spyten  Devil  Creek, 


and  thence  to  the  place  of  beginning,  42 

- number  of  the  wards  afterwards  encreased  to  7  42 

North  Ward ,  the  old  how  bounded,  45 

Nutten  Island ,  within  the  jurisdiction  of  the  city,  41 

0. 


OATHS ,  for  the  faithful  performance  of  their  duty,  for¬ 
merly  administered  annually  to  the  respective  members  of 
the  corporation  ,  on  the  14th  October,  56 

- mayor,  recorder,  sheriff  or  coroner  may  be  sworn 

into  office  at  any  time — See  Note,  ib. 

- when  any  person  shall  be  elected  in  the  room  of 

one  who  has  died  or  removed  from  the  city,  he  shall  take 
an  oath  for  the  faithful  discharge  of  his  duty,  previous  to 
his  entering  on  his  office,  59 

Ojfences ,  how  to  be  tried  and  determined,  16  &  80 

Officers,  the  common  council  vested  with  the  power  of 
deciding  on  all  the  elections  of  their  officers  and  ministers,  65 

- shall  be  obedient  to  and  attend  upon  the  mayor, 

recorder  and  aldermen,  or  any  of  them,  to  execute  their 

commands,  90 

Oppression,  cases  of,  how  to  be  heard  and  determined, 

16  &  80 

Ordinances,  not  repugnant  to  the  king’s  prerogative,  the 
laws  of  England,  or  the  acts  of  assembly,  might  by  charter 
of  1686,  be  passed  by  the  corporation,  but  could  only  re¬ 
main  in  force  three  months,  unless  confirmed  by  the  gover¬ 
nor  and  council,  13 

• - by  charter  of  1632,  ordinances  might  be  passed 

not  repugnant  to  the  laws  of  England,  or  of  the  province, 
but  could  continue  in  force  no  longer  than  12  months,  un¬ 
less  confirmed  as  above,  •  63 

Out  Ward,  the  former,  how  bounded,  46 

Oyer  and  Terminer,  and  of  Gaol  Delivery,  the  mayor, 
recorder  and  aldermen  made  justices  of,  and  shall  be  so 
named  in  every  commission,  SX 


INDEX. 


XVII 


Oyster  Island ,  within  the  jurisdiction  of  the  corporation,  41 

P. 

PACKERS,  to  be  licensed  by  the  mayor  during  his 
pleasure,  76 

Peace,  the  mayor,  recorder  and  aldermen  appointed  jus¬ 
tices  and  keepers  of  the,  ,  16  &  79 

■ - disturbers  of,  or  persons  suspected  of  disturbing  the, 

may  be  committed  to  jail  by  the  mayor,  the  recorder,  or 
any  one  of  the  aldermen,  18 

Plantations,  persons  having,  on  the  river  side,  between 
the  Wallabout  and  Red  Hook,  may  transport  themselves 
and  goods  in  their  own  boats,  without  paying  ferriage,  100 

Police  Clerk,  his  compensation,  86 

Pork,  the  common  council  authorized  to  appoint  survey¬ 
ors  of,  73 

Porters,  shall  be  licensed  by  the  mayor,  during  his 
pleasure,  76 

Privileges ,  those  formerly  enjoyed  by  the  city,  confirmed 
by  the  charter,  8  &  109 

Provisions ,  the  common  council  authorized  to  appoint 
surveyors  of,  73 

Q. 

Quit  rent,  the  annual,  for  the  privileges  granted  to  the 
city  by  charter,  7  &  103 

R. 

Recorder,  by  charter,  was  to  be  appointed  by  his  majesty, 
and  in  defect  thereof  by  the  governor,  15 

- before  whom  he  shall  take  the  oath  of  office,  ib 

- may  be  sworn  into  office  at  any  time — See  JVote,  56 

- may  commit  to  the  gaol  persons  guilty  or  suspect¬ 
ed  of  crimes  and  misdemeanors,  18 

- was  removable  form  office,  at  the  pleasure  of  the 

governor,  50 

- may  summon  the  common  council,  in  the  absence 

or  sickness  of  the  mayor,  to  meet  at  such  time  and  place  as 
he  may  think  fit.  65 

* - may  commit  to  bridewell  or  the  work-house, 

rogues,  vagabonds,  stragglers,  and  suspicious  persons,  74 

- -  assigned  justices  of  the  peace,  79 


XV111 


INDEX. 


Recorder  may  either  with  or  without  a  jury  determine  all 
causes  under  405.  89 

Red  Ilook  and  JVaJlabout ,  on  Long  Island,  between  all 
unappropriated  lands  from  high  to  low  water  mark,  vested 
in  the  corporation,  30 

Rights,  all  those  anciently  enjoyed  by  the  city, confirmed 
by  the  charter,  8  and  107 

Riots,  cases  of,  how  to  be  heard  and  determined,  16  and  80 
Rivers  and  Rivulets,  the  emoluments  arising  from  all, 
within  the  limits  of  the  city,  belong  to  the  corporation,  99 

Rum ,  gaugers  of,  to  be  appointed  by  the  common  coun¬ 
cil,  79 

- penalty  on  persons  selling  by  retail,  without  li¬ 
cense,  78 

S. 

SALT,  the  common  council  authorised  to  appoint  mea¬ 
surers  of,  73 

Schephens  or  Sellout  of  the  city  of  New-Amsterdam,  the 
ancient  name  of  the  magistrates  of  New-York,  2 


Sessio?is  of  the  Peace ,  four  general  courts  of,  were  by 
charter  to  be  held  annually  on  the  first  Tuesdays  of  No¬ 
vember,  February,  May,  and  August,  by  the  Mayor,  De¬ 
puty  Mayor,  Recorder,  and  Aldermen,  or  any  four  of  them, 
of  whom  the  Mayor,  Deputy  Mayor,  or  recorder,  must  be 


one,  79 

- might  continue  any  time  not  exceed¬ 
ing  4  days,  80 

Sheriff,  formerly  appointed  annually  by  the  governor  and 
council  on  the  feast  of  St.  Michael,  and  sworn  into  office  on 
the  14th  October  following,  14 

- shall  be  appointed  for  one  year,  and  continue  in 

office  till  another  person  is  placed  in  his  room,  54 

- shall  enter  into  a  bond  for  the  faithful  perform¬ 
ance  of  his  duty,  53 

- may  be  sworn  into  office,  at  any  time,  56 

See  JYo/e. 

- should  he  die  during  the  time  for  which  he  was 

elected,  the  governor  and  council  may  appoint  another,  ib . 


INDEX 


xix 


Soil,  under  water,  from  Bestaver’s  Killitie  to  the  fort  on 
the  North  River,  comprehending  400  feet  below  low-water¬ 
mark,  ceded  to  the  corporation,  101 

- also  on  the  East  River,  from  Corlaer’s  Hook  to  the 

Whitehall  comprehending  400  feet,  102 

South  Ward  how  bounded,  42 

Special  Justices — Justices  Special, 

Spyten  Devil  Creek,  over  which  Kingsbridge  is  built,  one 
of  the  boundaries  of  the  city,  41 

St.  Michael ,  the  archangel,  the  election  of  charter  officers, 
formerly  held  on  the  feast  of,  17  and  54 

Stock,  given  for  charitable  and  pious  purposes,  shall  not 
be  applied  to  any  use  different  from  the  intention  of  the 
donor,  25 

Stragglers ,  may  be  committed  to  bridewell,  or  the  work- 
house,  by  the  Mayor,  Recorder,  or  any  of  the  Aldermen,  74 
Streets,  power  of  laying  out,  altering,  and  repairing  vest¬ 
ed  in  the  common  council,  5  and  67 

Suspicious  persons  may  be  committed  to  the  Bridewell 
or  work-house,  by  the  Mayor,  Recorder,  or  any  Alderman,  73 

T. 

TAVERN-KEEPERS ,  must  annually  obtain  a  licence 
from  the  Mayor,  19 

- - those  who  do  not  take  out  a  licence, 

shall  forfeit  the  sum  of  five  pounds  for  every  offence,  78 

- - the  re-cognizance  of,  instead  of  being 

as  heretofore,  in  the  name  of  the  people  of  the  state,  shall 
be  taken  in  the  name  of  the  Mayor,  Aldermen  and  Common¬ 
alty,  19 

T encmenis,  given  for  pious  and  charitable  purposes,  shall 
not  be  misapplied  from  the  intention  of  the  donor,  25 

Trades,  mystery  or  manual  occupations,  none  but  free¬ 
men  shall  exercise,  except  during  the  time  of  fairs,  under  the 
penalty  of  having  their  shop  windows  shut  up  by  order  of  the 
Mayor,  and  being  fined  in  a  sum  not  exceeding  five  pounds 
— See  Freemen,  20 

Trade,  the  corporation,  in  wharfing  out,  shall  leave  on 


XX 


INDEX. 


the  East  and  North  river  40  feet  broad  for  trade  and 
planting  batteries,  113 

Treason ,  persons  guilty  or  suspected  of,  may  be  commit¬ 
ted  to  the  common  gaol  by  the  Mayor,  Recorder,  or  any  of 
the  Aldermen,  18 

1  reasurer — See  Chamberlain . 

Trespasses ,  the  Mayor,  or  Recorder,  and  any  three  or 
more  Aldermen,  appointed  to  hear  and  determine,  by  the 
charter  of  1686,  16 

- by  the  charter  of  1732,  the  Mayor  or  Deputy 

Mayor,  or  Recorder  and  three  Adermen,  may  hear  and 
determine,  80 

Trover ,  actions  of,  to  be  heard  and  determined  before  the 
Mayor,  Deputy  Mayor,  or  Recorder,  and  at  least  three  Al¬ 
dermen,  82 


Y. 

VAGABONDS  may  be  committed  to  the  \\*ork-house  or 
Bridewell,  by  the  Mayor,  Recorder,  or  by  any  of  the  Aider- 


men,  74 

Victualing- House,  no  person  shall  keep  a,  without  a  li¬ 
cence  from  the  Mayor,  78 

W. 

Victuals,  the  assize  of  granted  to  the  corporation,  68 

Wallabout,  all  vacant  and  unappropriated  lands,  between 
the,  and  Red-Hook,  and  between  high  and  low- water-mark 
ceded  to  the  corporation — See  Ferries,  29  and  9S 

Wards,  the  city  divided  into  seven,  viz.  the  West  Ward, 
the  South  Ward,  the  Dock  Ward,  the  East  Ward,  the  North 
Ward,  Montgomery  Ward,  and  the  Out  Ward,  42 

Dock  Ward,  how  bounded,  42 

East  W  ard,  how  bounded,  45 

Montgomery  Wrard,  how  bounded,  46 

North  Ward,  how  bounded,  45 

Out  Ward,  how  bounded,  46 

South  Ward,  how  bounded,  43 

West  Wrard,  how  bounded,  42 

Watchmen,  the  power  of  appointing  and  displacing  vested 
in  the  corporation,  73 


INDEX. 


xxi 


Water  Bailiff ',  the  Mayor,  by  himself,  or  deputy,  shall 
execute  the  duties  of,  76 

Water  courses ,  the  power  of  laying  out,  altering  and 
amending,  granted  to  the  corporation,  5  and  67 

Westchester ,  within  low- water-mark,  on  the  West  side  of 
Spylen  Devil  Creek  included  in  the  limits  of  the  city,  41 

- also  clerk  of  the  peace,  and  clerk  of  the  com¬ 
mon  pleas,  17 

Wharves,  the  profits  arising  from,  granted  to  the  corpo¬ 
ration,  5  and  99 


• - the  corporation  empowered  to  make  wharves 

to  the  distance  of  400  feet  below  low-water-mark,  from  Bes- 
taver’s  Killitie  to  the  fort  on  the  North  River,  and  from 
Corlaer’sHook  to  the  Whitehall  on  the  East,  101 

- provided  they  do  not  wharf  out  before  those 

who  have  prior  grants,  without  their  consent,  102 

- and  that  40  feet  broad  be  left  towards  the  East 

and  North  rivers  for  trading  and  planting  batteries,  103 

Wine,  public  sellers  of,  by  retail,  to  obtain  an  annual  li¬ 
cence  from  the  Mayor,  19 

- - the  assize  of,  granted  to  the  corporation,  68 

- gaugers  of,  may  be  appointed  by  the  corporation,  73 

- persons  selling  by  small  measure,  without  licence, 

subject  to  a  penalty  of  51.  78 

Work-house,  or  Work-houses,  the  corporation  authorised 
to  build,  73 

- the  Mayor,  the  Recorder,  or  any  of  the  Al¬ 
dermen  may,  by  charter  of  1732,  may  confine  there  at  work, 
not  exceeding  forty  days,  all  rogues,  vagabonds,  and  suspi¬ 
cious  persons,  74 


■ 


. 


. 

r 


i '  ’  ,  <  ■  J 

. 


t\  ' 


r 


. 

’ 


AN  ACT 

TO  AMEND  THE 


CHARTER 


OF  THE 

CITY  OF  NEW-YORK. 

Passed  April  7,  1830. 

The  people  of  the  State  of  New-YorJc ,  represented  in 

Senate  and  Assembly  :  Do  enact  as  follows — 

1.  The  legislative  power  of  the  Corporation  of 
the  City  of  INew-York,  shall  be  vested  in  a  board  of 
Aldermen,  and  a  board  of  Assistants,  who  together 
shall  form  the  Common  Council  of  the  City. 

2.  Each  Ward  of  the  City  shall  be  entitled  to 
elect  one  person  to  be  denominated  the  Alderman 
of  the  Ward,  and  the  persons  so  chosen,  together 
shall  form  the  board  of  Aldermen  ;  and  each  Ward 
shall  also  be  entitled  to  elect  one  person  to  be  deno¬ 
minated  an  Assistant  Alderman  ;  and  the  persons  so 
chosen,  together  shall  form  the  board  of  Assistants. 

3.  The  Aldermen  and  Assistant  Aldermen  shall  be 
chosen  for  one  year ;  and  no  person  shall  be  eligi¬ 
ble  to  either  office,  who  shall  not  at  the  time  of  his 
election,  be  a  resident  of  the  ward  for  which  he  is 
chosen. 

4.  The  annual  electiou  for  Charter  Officers  shall 
commence  on  the  second  Tuesday  in  April,  and  the 
Officers  elected  shall  be  sworn  into  office  on  the  se¬ 
cond  Tuesday  in  May  thereafter  ;  and  all  the  provi¬ 
sions  of  law  now  in  force  in  regard  to  the  notifica¬ 
tion,  duration,  and  conduct  of  elections  for  Members 
of  A  ssembly,  and  in  regard  to  the  appointment,  pow¬ 
ers  and  duties  of  the  inspectors,  holding  the  same, 
shall  apply  to  the  animal  election  of  Charter  Offi¬ 
cers. 

5.  The  first  election  for  Charter  Officers,  after 
the  passage  ot  this  law,  shall  take  place  on  the  se¬ 
cond  Tuesday  in  April,  one  thousand  eight  hundred 


Legislative 

power, 


Each  Ward  en¬ 
titled  to  Alder* 
men  and  Assis¬ 
tant. 


Who  are  eligi¬ 
ble 


Election  of  «fcc. 


First  election 
on  the  second 
Tuesday  of 
April,  1831. 


Power  to  di- 
rert  special  e- 
lectidn. 


Meeting  of 
the  board  and 
their  duties. 


Power  to  ex 
pel,  kc . 


and  thirty-one  ;  and  all  those  persons  who  shall 
have  been  elected  under  the  former  laws  regulating 
the  election  of  Charter  Officers,  and  shall  be  in  of¬ 
fice  at  the  time  of  the  passage  of  this  law,  shall  con¬ 
tinue  in  office  until  the  officers  elected  under  this 
law  shall  be  entitled  to  be  sworn  into  office. 

6.  The  board  of  Aldermen  shall  have  power  to 
direct  a  special  election  to  be  held,  to  supply  the 
place  of  any  Alderman  whose  seat  shall  become  va¬ 
cant  by  death,  removal  from  the  city,  resignation,  or 
otherwise  ;  and  the  board  of  Assistants  shall  also 
have  power  to  direct  a  special  election  to  supply 
any  vacancy  that  may  occur  in  the  board  of  Assist¬ 
ants  ;  and  in  both  cases,  the  person  elected  to  sup¬ 
ply  the  vacancy,  shall  hold  his  seat  only  for  the  resi¬ 
due  of  the  term  of  office  of  his  immediate  predeces¬ 
sor. 

7.  The  boards  shall  meet  in  separate  chambers, 
and  a  majority  of  each  shall  be  a  quorum  to  do  busi¬ 
ness.  Each  board  shall  appoint  a  President  from 
its  own  body,  and  shall  also  choose  its  Clerk  and 
other  officers,  determine  the  rules  of  its  own  pro¬ 
ceedings,  and  be  the  judge  ot  the  qualifications  of 
its  own  members.  Each  board  shall  keep  a  journal 
of  its  proceedings,  and  the  doors  of  each  shall  be 
kept  open,  except  when  the  public  welfare  shall  re¬ 
quire  secrecy;  and  all  resolutions  and  reports  of 
Committees  which  shall  recommend  any  specific 
improvement  involving  the  appropriation  of  public 
monies,  or  taxing  or  assessing  the  citizens  of  said 
city,  shall  be  published  immediately  after  the  ad¬ 
journment  of  the  board,  under  the  authority  of  the 
Common  Council,  in  all  the  newspapers  employed 
by  the  Corporation  :  and  whenever  a  vote  is  taken 
in  relation  thereto,  the  ayes  and  noes  shall  be  called 
and  published  in  the  same  manner. 

8.  Each  board  shall  have  the  authority  to  compel 
the  attendance  of  absent  members  ;  to  punish  its 
members  for  disorderly  behaviour,  and  to  expel  a 
member,  with  the  concurrence  of  two-thirds  of  the 
members  elected  to  the  board  ;  and  the  members  of 
expelled,  shall,  by  such  expulsion,  forfeit  all  his 
right  and  powers  as  an  Alderman  or  Assistant  Al¬ 
derman, 


9 


9.  The  stated  and  occasional  meetings  of  each 
board  of  the  Common  Council,  shall  be  regulated 
by  its  own  ordinances  ;  and  both  boards  may  meet 
on  the  same  or  on  different  days  as  they  may  seve- 
ally  judge  expedient. 

10.  Any  law,  ordinance,  or  resolution  of  the  Com¬ 
mon  Council  may  originate  in  either  board,  and  when 
it  shall  have  passed  one  board,  may  be  rejected  or 
amended  by  the  other. 

11.  No  member  of  either  board  shall,  during  the 
.period  for  which  he  was  elected,  be  appointed  to,  or 
be  competent  to  hold  any  office,  of  which  the  emol¬ 
uments  are  paid  from  the  city  treasury,  or  by  fees, 
directed  to  be  paid  by  any  ordinance  or  act  of  the 
Common  Council,  or  be  directly  or  indirectly  inter¬ 
ested  in  any  contract,  the  expenses  or  consideration 
whereof  are  to  be  paid  under  any  ordinance  of  the 
Common  Council ;  but  this  section  shall  not  be  con¬ 
strued  to  deprive  any  Alderman  or  Assistant  of  any 
emoluments  or  fees  which  he  is  entitled  to  by  virtue 
of  his  office. 

12.  Every  act,  ordinance,  or  resoluiion,  which 
shall  have  passed  the  two  boards  of  the  Common 
Council,  before  it  shall  take  effect,  shall  be  present¬ 
ed,  duly  certified,  to  the  Mayor  of  the  City,  for  his 
approbation.  Il  he  approve,  he  shall  sign  it  ;  if  not, 
he  shall  return  it  with  his  objections  to  the  board  in 
which  it  originated,  within  ten  days  thereafter  ;  or 
if  such  board  be  not  then  in  session,  at  its  next  sta¬ 
ted  meeting.  The  board  to  which  it  shall  be  return¬ 
ed,  shall  enter  the  objections  at  large  on  their  jour¬ 
nal,  and  cause  the  same  to  be  published  in  one  or 
more  of  the  public  newspapers  of  the  city. 

13.  The  board  to  which  such  act  ordinance,  or 
resolution,  have  been  so  returned,  shall  after  the  ex¬ 
piration  of  not  less  than  ten  days  thereafter,  proceed 
to  re-consider  the  same.  If  after  such  re-consider¬ 
ation,  a  majority  of  the  members  elected  to  the 
board  shall  agree  to  pass  the  same,  it  shall  be  sent, 
together  with  the  objections,  to  the  other  board,  by 
which  it  shall  be  likewise  re-considered  ;  and  if  ap¬ 
proved  by  a  majority  of  all  the  members  elected  to 
such  board,  it  shall  take  effect  as  an  act  or  law  of 


Occasional 


meeting 


laws  ordinances 
and  resolutions 
may  originate 
in  either  board. 

prohibition  of, 
members  to 
hoid  office. 


Mayor’s  veto 
Method  of  pro¬ 
ceeding,  Ac. 


4 


the  Corporation.  In  all  such  cases  the  votes  of 
both  boards  shall  be  determined  by  yeas  and  nays, 
and  the  names  ol  the  persons  voting  for  and  against 
the  passage  ot  the  measure  re-considered,  shall  be. 
entered  on  the  journal  of  each  board  respectively. 

14.  If  the  Mayor  shall  not  return  any  act,  ordi¬ 
nance,  or  resolution  so  presented  to  him,  within  the 
time  above  limited  ior  that  purpose,  it  shall  take  ef¬ 
fect  in  the  same  manner  as  if  he  had  signed  it. 

15.  IS1  either  the  Mayor  nor  Recorder  of  the  city 
of  JVew-York,  shall  be  a  member  of  the  Common 
Council  thereof,  after  the  second  Tuesdey  of  May, 
one  thousand  eight  hundred  and  thirty-one. 

wut'ii  -He  Whenever  there  shall  be  a  vacancy  in  the  of- 

PresYdenYof  the  fice  ^a)/or5  anc*  whenever  the  Mayor  shall  be  ab- 
bo.ird  shall  act  sen*  l'roni  the  city,  or  be  prevented  by  sickness,  or 


Prohibition 
of  the  Mayor 
and  Recoider. 


When  the 


as  Mayor. 


Duty  of  the 
Mayor. 


any  other  cause,  from  attending  to  the  duties  of  his 
office,  the  President  of  the  board  of  Aldermen  shall 
act  as  Mayor,  and  shall  possess  all  the  rights  and 
powers  oi  the  Mayor,  during  the  continuance  of 
such  vacancy,  absence,  or  disability. 

17.  It  shall  he  the  duty  of  the  Mayor, 

First — To  communicate  to  the  Common  Coun¬ 
cil,  at  least  once  a  year,  and  oftener  if  he 
shall  deem  it  expedient,  a  general  state¬ 
ment  of  the  situation  and  condition  of  the 
City,  in  relation  to  its  government,  finances, 
and  imporvements. 

Second. — To  recommend  to  the  adoption  of  the 
Common  Council  all  such  measures  con¬ 
nected  with  the  police,  security,  health, 
cleanliness,  and  ornament  of  the  City,  and 
the  improvement  of  its  government,  and 
finances,  as  he  shall  deem  expedient. 
Third. — To  be  vigilant  and  active  in  causing  the 
laws  and  ordinances  of  the  government  of 
the  City  to  be  duly  executed  and  enforced, 
Fourth. — To  exercise  a  constant  supervision  and 
controul  over  the  conduct  and  acts  of  all 
subordinate  officers,  and  to  receive  and  ex¬ 
amine  into  all  such  complaints  as  may  be 
preferred  against  any  of  them  for  violation 
or  neglect  of  duty,  and  generally  to  perform 


all  such  duties  as  may  be  prescribed  to  him 
by  the  Charter  and  city  ordinances,  and  the 
Laws  of  this  State  and  the  United  States. 

IS.  Annual  and  occassional  appropriations  shall  Appropriation 
be  made  by  proper  ordinances  of  the  Common  Coun-  wiieu  maue* 
cil  for  every  branch  and  object  of  city  expendature, 
nor  shall  any  money  be  drawn  from  the  city  treasury 
except  the  same  shall  have  been  previously  appro¬ 
priated  to  the  purpose  for  which  it  was  drawn. 

19.  The  Common  Council  shall  not  have  author-  Borrowing-  mo- 
ity  to  borrow  any  sums  of  money  whatever  on  the  ney. 

credit  of  the  Corporation,  except  in  anticipation  of 
the  revenue  of  the  year  in  which  such  loan  shall 
be  made,  unless  authorized  by  a  special  act  of  the 
legislature. 

20.  it  shall  be  the  duty  of  the  Common  Council  Publishing  de- 
to  publish  two  months  before  the  annual  election  tailed  state- 
of  Charter  Officers,  in  each  year,  for  the  general  in-  ments  -  re¬ 
formation  of  the  citizens  of  New- York,  a  full  and  ceif)t!  an(*  eX* 
detailed  statement  of  the  receipts  and  expenditures  PcnJltuiesu 

of  the  Corporation,  during  the  year,  ending  on  the 
first  day  of  lhe  month  in  which  such  publication  is 
made;  and  in  every  such  statement  the  different 
sources  of  city  revenue,  and  the  amount  received 
irom  each  ;  the  several  appropriations  made  by  the 
Common  Council,  the  objects  for  which  the  same 
were  made,  and  the  amount  of  monies  expended 
under  each  ;  the  monies  borrowed  on  the  credit  of 
the  Corporation,  the  authority  under  which  each 
loan  was  made,  and  the  terms  on  which  the  same 
was  obtained,  shall  be  clearly  and  particularly  spe¬ 
cified. 

21.  The  executive  business  of  the  Corporation  Executive 
of  New -York  shall  hereafter  he  performed  by  dis-  business, 
tinct  departments,  which  it  shall  be  the  duty  of  the 
Common  Council  to  organize  and  appoint  for  that 

purpose. 

22.  It  shall  be  the  duty  of  the  Common  Coun-  Accountability 
cil  to  provide  for  the  accountability  of  all  officers,  oncers, 
and  other  persons  to  whom  the  receipt  or  expendi¬ 
ture  of  the  funds  of  the  city  shall  be  entrusted,  by 

requiring  from  them  sufficient  security  for  the  per¬ 
formance  of  their  duties  or  trust,  which  security 


6 


shall  be  annually  renewed  ;  but  the  security  first 
taken  shall  remain  in  force  until  new  security  shall 
be  given. 

Duties  of  the  23.  The  Clerk  of  the  Board  of  Aldermen,  shall 
clerk  ot'  the  by  virtue  of  his  office,  be  Clerk  of  the  Common 
board  oi  Alder*  Council,  and  shall  perform  all  the  duties  heretofore 
performed  by  the  Clerk  of  the  Common  Council, 
except  such  as  shall  be  assigned  to  the  Clerk  of 
the  Board  of  Assistant  Aldermen  ;  and  it  shall  be 
his  duty  to  keep  open  for  inspection  at  all  reason¬ 
able  times,  the  records  and  minutes  of  the  proceed¬ 
ings  of  the  Common  Council,  except  such  as  shall 
be  specially  ordered  otherwise. 

24.  The  division  of  the  Common  Council  into 
two  boards,  shall  not  take  effect  until  ihe  officers  to 
be  elected  under  this  law  enter  on  the  duties  of  their 
of  office.  Each  board  shall  hold  its  first  meeting,  for 
the  purpose  of  organizing,  on  the  secund  Tuesday 
of  May  in  each  year,  at  which  time  the  Mayor  or 
Clerk  of  the  Common  Coudcil  shall  attend,  by 
whom  the  oath  of  offiiee  shall  be  administered  to 
the  members  elected.  In  the  absence  of  the  May¬ 
or  and  Clerk,  such  oath  may  be  administered  by 
the  Recorder  or  First  Judge  of  the  City,  or  by  any 
of  the  Justices  of  the  Superior  Court. 

Provision*  of  25.  None  of  the  provisions  of  this  act,  except 
w^en  the  eighteenth,  nineteenih,  twentieth,  and  twenty- 
second  sections,  shall  be  construed  as  applying  to 
the  Common  Council  as  now  constituted. 

What  parts  of  26.  Such  parts  of  the  Charter  of  the  city  of 
the  Charter  not  New-York,  and  of  the  several  acts  of  the  Legisla. 
repealed.  ture  amending  the  same  as  are  not  inconsistant  with 
the  provisions  of  this  law,  shall  not.  be  construed  as 
repealed,  modified,  or  in  any  manner  affected  there¬ 
by  ;  but  shall  continue  and  remain  in  full  force. 


Division  of 
the  Common 
Council  into 
two  boards  and 
their  time 
meeting. 


this  act 
to  apply 


Slate  of  New-Yorlc,  Secretary's  office. 


I  Certify  the  prececding  to  be  a  true  copy  of 


an  original  act  of  the  Legislature  of  this  State  de¬ 
posited  in  this  office. 

ARCHIBALD  CAMPBELL, 

Deputy  Secretary. 


JUbany ,  April  7th,  1830. 


INDEX 

To  foe  Amended  Act, 

Passed  April  7 th  1830. 


Appropriations,  how  made, 
Board  of  Aldermen, 


A. 


B. 


meeting  of, 
powers  of, 
borrowing  money, 

C. 


D. 


Clerk  of  Board,  his  duties, 

Common  Council,  division  of, 

Duties  of  the  Board, 

- -of  the  Clerk, 

- of  Mayor, 

.  E. 

T?;lch.  ^  ard  to  Alderman  and  Assistant. 

.Eligibility  of, 

Election  of, 

Expulsion, 

Executive  business, 

T  L' 

Eaws,  how  originated, 

Legislative  powers, 


M. 


SecL 

18 

1,  2 
7&  9 
6  &  7  &  8 
19 

23 

24 

6  &  7 
23 
17 

2 

3 

4  &  5 
8 

21 

10 

1 


Meeting  of  the  Board, 

Occasional  meeting, 

Members  not  to  hold  office, 

Mayor’s  Veto, 

Method  ot  proceeding  upon  it, 

Mayor  and  Recorder  prohibition  to. 

Mayor,  Duty  of, 

4  P. 

President  of  the  Beard,  when  he  shall  act  as  Mayor, 

Receipts  and  expenditures  of  corporation;  20 


7 

9 

11 

12 

12  &  13  &  14 
15 
17 


16 


